Patterson v. . Everett

Supreme Court of North Carolina

Patterson v. . Everett

126 S.E. 427, 189 N.C. 828, 1925 N.C. LEXIS 410

DecidedFebruary 25, 1925

StatusPublished

This text of 126 S.E. 427 (Patterson v. . Everett) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Patterson v. . Everett, 126 S.E. 427, 189 N.C. 828, 1925 N.C. LEXIS 410 (N.C. 1925).

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Opinions

CLARKSON, J., dissenting. Civil action to enjoin the issuance of bonds under chapter 190, Public Laws 1923. From a judgment sustaining a demurrer interposed by the defendants, plaintiff appeals. The parties having requested a decision in this case during the present session of the Legislature, to the end that further action may be had upon the subject, if found necessary; as now advised, it is the opinion of the Court that on the facts alleged in the complaint and admitted by the demurrer, the authority to issue bonds under chapter 190, Public Laws 1923, known as the "World War Veterans' Loan Fund Act," has not been approved by a majority of the qualified electors of the State, as required by the express provisions of said act; and that *Page 829 said bonds, if issued, would not be valid and binding obligations of the State of North Carolina. The demurrer, therefore, should have been overruled.

A more extended opinion to this effect will be prepared and filed later.

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CLARKSON, J., dissenting. Civil action to enjoin the issuance of bonds under chapter 190, Public Laws 1923. From a judgment sustaining a demurrer interposed by the defendants, plaintiff appeals. The parties having requested a decision in this case during the present session of the Legislature, to the end that further action may be had upon the subject, if found necessary; as now advised, it is the opinion of the Court that on the facts alleged in the complaint and admitted by the demurrer, the authority to issue bonds under chapter 190, Public Laws 1923, known as the "World War Veterans' Loan Fund Act," has not been approved by a majority of the qualified electors of the State, as required by the express provisions of said act; and that *Page 829 said bonds, if issued, would not be valid and binding obligations of the State of North Carolina. The demurrer, therefore, should have been overruled.

A more extended opinion to this effect will be prepared and filed later.

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126 S.E. 427, 189 N.C. 828, 1925 N.C. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-everett-nc-1925.