Mayo v. Commissioners of Washington

Citations

• 29 S.E. 343
• 122 N.C. 5
• 40 L.R.A. 163
• 1898 N.C. LEXIS 184

Syllabus

<p>Injunction — Pleading —Admissions ■ — Practice ■ — Municipal Corporations — Necessary Expenses — Electric Light Plants— Constitutional Law.</p> <p>I. Where, in an action to enjoin the erection by a City of an electric light plant, the complaint does not charge that such plant is a necessary municipal expense, an allegation to that efEect in the answer is not an admission of such fact, and, even if it should he so considered, it would he an admission of a conclusion of law merely, and not a fact, and would not be binding on the Court.</p> <p>2. On appeal from an order granting or refusing an injunction, this Court can review the facts.</p> <p>3. Where a rehearing is granted on one ground but refused on another, the original decision as to the latter is binding as a precedent.</p> <p>4. Where a town has, by its charter, no express power, it has only such powers as necessarily pertain to or arise from the fact that it is a municipal corporation and can do those things only that are indispensable to its existence and government.</p> <p>5. To enable a municipal corporation to borrow money or loan its credit for any purpose, except for its necessary expenses, there must be an Act of Assembly passed and ratified, as required by the Constitution, authorizing it to submit the proposition to the people, followed by an actual submission to and ratification by a majority of the qualified voters.</p> <p>6. The erection and operation of an electric light plant for lighting the streets of a town is not a “necessary expense” within the meaning of Section 7, Art. VII, of the State Constitution. (Clakk, J., dissents. )</p> <p>7. A municipal corporation, having general powers only, cannot issue bonds for the erection of an electric light plant for lighting its streets without legislative authority to submit the question to its qualified voters and a ratification by a majority of such voters. (Clabk, J., dissents.)</p>