Wilson v. Board of Com'rs of Buncombe County
| Decision Date | 02 June 1922 |
| Docket Number | 546. |
| Citation | 112 S.E. 418,183 N.C. 638 |
| Parties | WILSON ET AL. v. BOARD OF COM'RS OF BUNCOMBE COUNTY ET AL. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Buncombe County; Shaw, Judge.
Action by J. D. Wilson and others to restrain the Board of Commissioners and Board of Education of Buncombe County from issuing bonds. The action was instituted by plaintiffs citizens residents of Swannanoa Consolidated School District in said county, seeking to restrain defendants from making a bond issue of $50,000 of said district, pursuant to an election of the voters and under chapter 722, Public-Local Laws 1915. There was judgment dissolving the restraining order, and plaintiffs excepted and appealed. Affirmed.
Where a general and a special statute relating to the same subject are necessarily inconsistent, the special statute will prevail.
Carter Shuford & Hartshorn, of Asheville, for appellants.
J. D Murphy, Chas. N. Malone, and G. A. Thomasson, all of Asheville, G. H. Grainstaff, for appellees.
Chapter 722, Public-Local Laws 1915, authorizes the board of education to consolidate any school district of the county for the purpose of acquiring sites, building and repairing schoolhouses, etc., and it is provided in the act that on petition filed by as many as one-fourth of the voters of any school district, indorsed by the board of education, the county commissioners may call an election on the question of issuing bonds, and, if the measure is favored by a majority of the qualified voters in the district, may issue and sell the bonds to the amount designated, with interest not to exceed 6 per cent., the proceeds to be applied to the purposes specified, etc. It is also enacted that a tax may be annually levied to meet the interest and provide a sinking fund to pay said bonds at maturity. Pursuant to the statute and proceedings under it, the board of education consolidated four existing school districts of the county into the Swannanoa consolidated school district, and on October 3, 1921, a petition, signed by more than one-fourth of the consolidated district, properly indorsed, was filed for the proposed bond issue of $50,000, an election was ordered, the measure approved by the voters, and the bonds prepared, and will be sold unless restrained, etc. The provisions and requirements of the act have in all things been substantially complied with, and we find no legal reason suggested against the validity of the proposed bond issue.
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