Opinion · Supreme Court of North Carolina
Mitchell v. Board of Trustees of Township No. 8
71 N.C. 400
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1874-06-05
- Topic
- general
Reads, J. At the time when the taxes complained of were-levied, the “Board of Trustees had power to lay and collect all' taxes which were required to defray the necessary expenses of the Township.” Acts 1868-’69, chap. 185, sec. 19 ; Bat. Rev-chap. 112, sec. 19. And having tho power, very much — almost, everything — must be left to the discretion of the Board to determine what were necessaries. It borders on the ridiculous-to ask the Courts to say whether $34 for office rent, $20 for a. book, $25 for a table, &c., &c., are necessary expenses.
Citator
UpLaw has not yet analyzed Mitchell v. Board of Trustees of Township No. 8. The absence of a flag is not a finding that it is good law.
- Cited by
- 8 opinions
MITCHELLv. TRUSTEES,71 N.C. 400(1874)
ALEXANDER MITCHELL AND OTHERS, TAXPAYERS, v. THE BOARD OF
TRUSTEES OF TOWNSHIP NO. 8.
Supreme Court of North Carolina
(June Term, 1874.)
His Honor granted the order, as prayed, restraining the defendants from collecting the tax until the matter could be heard.
At Spring Term, 1874, the defendants answered, admitting the (401) levy of the tax, but averring it was for the necessary expensesPage 318of the township, heretofore incurred, and likewise current which were not unjust or extravagant, but reasonable, etc. Upon coming in of defendants' answer his Honor vacated the restraining order theretofore issued, from which vacating order the plaintiffs appealed.
But the counsel on both sides had overlooked the fact that the statute,supraauthorizing the Board to levy and collect taxes for necessary expenses has been repealed, and the Board is forbidden to levy and collect taxes for necessary expenses. Acts 1873-74, Chap. 106, Secs. one and two.
It is true that the taxes complained of wereorderedbefore the passage of the last named act; but that act forbids them to becollected. So that theordertocollectwhat the Legislature has forbidden to be collected, must go for nothing. The same act, Sec. 3, provides another way for paying the necessary expenses of the Township, which frees the repealing act from the objection of violating contracts.
The injunction prayed for ought to have been granted.
There is error.
PER CURIAM. Judgment reversed.