{
  "id": 11269418,
  "name": "J. L. COTTRELL v. TOWN OF LENOIR",
  "name_abbreviation": "Cottrell v. Town of Lenoir",
  "decision_date": "1908-05-29",
  "docket_number": "",
  "first_page": "137",
  "last_page": "138",
  "citations": [
    {
      "type": "official",
      "cite": "148 N.C. 137"
    }
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
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    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "146 N. C., 356",
      "category": "reporters:state",
      "reporter": "N.C.",
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        11271299
      ],
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      "cite": "146 N. C., 356",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11271299
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  "last_updated": "2023-07-14T19:55:17.237307+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "J. L. COTTRELL v. TOWN OF LENOIR."
    ],
    "opinions": [
      {
        "text": "BeowN, J.\nBy act of the General Assembly of 1907 (Private Laws, cb. 83) tbe town of Lenoir was empowered to issue bonds, not exceeding $100,000, for municipal improvements. Twenty thousand dollars in amount have been issued, sold and the proceeds paid into tbe town treasury and applied to street paving. Tbe authorities of tbe town have undertaken to issue $80,000 more, to be applied to the establishment of a water and sewerage system.\nIt is contended by plaintiff that the entire issue is invalid:\n1. Because tbe registration books were kept open for twenty days preceding tbe election upon tbe bond issue instead of ten days.\n2. Because tbe entire issue is in excess of ten per cent, of tbe tax value of tbe property, in violation of section 2917 of tbe Revisal.\nAs to tbe first contention, we are of opinion that tbe bond election was properly held, in accordance with the provisions of tbe defendant\u2019s charter, which requires that tbe registration books shall be kept open for twenty days preceding the election. Tbe evident purpose of tbe act 'of 1907 is to require that tbe bond election shall be held in accordance with tbe town charter, with tbe additional requirement that ten days\u2019 notice shall be given as to tbe whereabouts of tbe registrar for that time preceding tbe election. It seems that in this reasonable requirement tbe original charter is deficient.\nAs to tbe second contention, we are of opinion that tbe case of Wharton v. Greensboro, 146 N. C., 356, has no application. In that case tbe aldermen had general power to issue bonds, under section 100 of tbe charter of tbe city of Greensboro, when the provisions of tbe act were complied with. No amount .was named in tbe act apd no limit fixed. We held that in such case section 2977 of tbe Revisal was not repealed by implication, and that tbe General Assembly was supposed to have it in view when tbe amended charter was enacted.\nIn tbe case we are now considering there is express legislative authority to issue $100,000 in bonds, which has also been ratified and approved by a majority of tbe qualified voters of tbe town.\nWe are of tbe opinion that tbe issue of bonds is legal in all respects. Tbe judgment of tbe Superior Court is\nAffirmed.",
        "type": "majority",
        "author": "BeowN, J."
      }
    ],
    "attorneys": [
      "Mark Squires for plaintiff.",
      "W. G. Newland for defendant."
    ],
    "corrections": "",
    "head_matter": "J. L. COTTRELL v. TOWN OF LENOIR.\n(Filed 29 May, 1908.)\n1. Municipal Bonds \u2014 Registration Books \u2014 Charter and Further Legislative Provisions \u2014 Interpretation\u2014Constitutional Law.\nWlien there is a charter requirement o\u00ed a municipality that registration books be kept open for twenty days preceding an election, and, under the provisions of a subsequent legislative act, bonds are issued pursuant to a further requirement that ten days\u2019 previous notice shall be given of the whereabouts of the registrar, the provision of the act is construed to supply a reasonable requirement, concerning which the charter is deficient, and the issue is valid when the provisions of the charter and the act are complied with.\n2. Municipal Bonds \u2014 Legislative Authority \u2014 Vote of People \u2014 Constitutional Law.\nMunicipal bonds for' special purposes, issued by express authority of the Legislature and approved by a majority of the qualified voters of the town, are valid. (Wharton v. Gre&nsboro, 146 N. C., 356, cited and distinguished.)\nActxoN to restrain tbe issuing of certain bonds, beard at chambers by Oowncill, J., at Statesville, 18 May, 1908, from Caldwell.\nErom a judgment for defendant plaintiff appealed.\nTbe facts are stated in the opinion.\nMark Squires for plaintiff.\nW. G. Newland for defendant."
  },
  "file_name": "0137-01",
  "first_page_order": 167,
  "last_page_order": 168
}