Opinion

Cooper v. Board of Commissioners of Franklin County

  • 183 N.C. 231
  • 111 S.E. 521
  • 1922 N.C. LEXIS 245
Court
Supreme Court of North Carolina
Filed
Mar 29, 1922
Status
Published
Author
Hoke
On the bench
Clark, Hoke
Cited by
2 cases

Disapproved by Sidney Spitzer & Co. v. Commissioners of Franklin County, 188 N.C. 30 (1924)

Later courts went against this

  • Disapproved by Sidney Spitzer & Co. v. Commissioners of Franklin County, 188 N.C. 30 (1924)

    This would seem to be the plain meaning of the statute, and the contrary holding in Cooper v. Comrs., 183 N. C., 231, is disapproved.
    Supreme Court of North CarolinaJun 21, 19242 citing opinionsRead it

The opinion

Hoke, J.,

dissenting: I dissent from so much of tbe opinion as denies tbe power to levy a tax for a sinking fund, tbe amount being within tbe 75 cents authorized by statute and approved by tbe voters. I am of opinion tbat there is ample power conferred to levy this tax in question, and tbat tbe same is being providently exercised by tbe commissioners..

In tbe cases cited, so far as examined, no power to levy a special tax existed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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