Evans v. Commissioners of Davidson County
| Decision Date | 08 November 1922 |
| Docket Number | 397. |
| Citation | 114 S.E. 399,184 N.C. 328 |
| Parties | EVANS v. COMMISSIONERS OF DAVIDSON COUNTY. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Davidson County; Harding, Judge.
Action by C. T. Evans against the Commissioners of Davidson County. There was a judgment continuing restraining order against defendants to the hearing; they except and appeal. Affirmed.
J. R. McCrary and Raper & Raper, all of Lexington, for appellants.
Walser & Walser, of Lexington, for appellee.
For the reasons stated in the preceding case of Barnes v. Commissioners (N. C.) 114 S.E. 398, we approve of his honor's ruling that the restraining order be continued to the hearing. And for the additional reasons: First, that on the facts as here presented it affirmatively appears that the voters of the nontax territory disapproved of the measure; second, that the objection raised to the validity of the special tax districts in Barnes v. Commrs., supra, is apparently not presented in this record, for the reason that the election establishing said district was held in 1910, one year before the enactment of the statute (chapter 135, Laws of 1911), which prohibited elections on this subject oftener than once in two years (C. S. § 5533).
The judgment continuing the restraining order to the hearing is affirmed.
Affirmed.
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Berrier v. Board of Com'rs of Davidson County
...term, his honor signed the judgment in Evans v. Commissioners, in accordance with the opinion of this court, as reported in 184 N.C. 328, 114 S.E. 399, but that time the abolition of the tax had not been brought to his attention. The plaintiff insists that the General Assembly had no legal ......