Thrash v. Commissioners of Transylvania County

64 S.E. 772, 150 N.C. 693, 1909 N.C. LEXIS 127

• Court: Supreme Court of North Carolina
• Decided: May 21, 1909
• Status: Published

Opinion

Clark, C. J.

Tbis was an action to impeach the validity of a local election for tbe levy of a special tax in a special school district, held under the provisions of Revisal, sec. 4115, and the amendment thereto in '1907. The petition of the freeholders, approved by the county board of education, was regularly filed before the county commissioners, who ordered the election. The report of ’the judges of election was confirmed by the county commissioners.

At the close of the evidence, his Honor, intimating that he would instruct the jury that, if they believed the evidence, the plaintiffs had not made out a case, they thereupon took a non-suit and appealed.

Tbe presumption of law is in favor of tbe regularity of tbe conduct of tbe authorities, and tbe burden was upon tbe plaintiff to sbow tbe contrary. Quinn v. Lattimore, 120 N. C., 426. A careful examination of tbe testimony causes us to concur witb tbe judge below. There being no legal proposition involved, but merely an examination of tbe evidence, it can serve no purpose to recapitulate it.

No Error.