Opinion

Denny v. . Mecklenburg County

  • 211 N.C. 558
  • 191 S.E. 26
  • 1937 N.C. LEXIS 147
Court
Supreme Court of North Carolina
Filed
Apr 28, 1937
Status
Published
Author
Connob
On the bench
Stagy, Connob
Cited by
2 cases

The opinion

Connob, J.,

dissenting: The judgment in this action is in accord with the opinion of the trial court that the Board of Commissioners of Meck-lenburg County has not been authorized by the General Assembly of this State to issue bonds of Mecklenburg County for the purpose of providing funds for the erection of teacherages in certain school districts of said county, notwithstanding the finding of the board of education of said county, approved by the said board of commissioners, that said teacher-ages are necessary for the maintenance and operation of schools in said districts as required by the Constitution of this State.

The General Assembly, by statute, has authorized the board of commissioners of any county in this State, after compliance with all the provisions of the statute, to issue bonds of the county for the purpose of providing funds for the “erection and purchase of schoolhouses.” M. C. Code of 1935, section 1334 (8).

*560 There is in this State no statutory definition of the word “schoolhouses.” In the absence of such definition, I do not think that it can he held as a matter of law that a teackerage is not a schoolhouse. On the facts found by the trial court in the instant case, I am of opinion that the Board of Commissioners of Mecklenburg County has authority to issue bonds of said county for the purpose of providing teacherages for the school districts of said county named in the resolution of the said board of commissioners. Accordingly, I think the judgment in this action should be reversed.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.