Dickson v. Brewer

Decided November 24, 1920

Supreme Court of North Carolina · decided 1920-11-24

CONTROVERSY submitted without action, from- WaKE. Appeal by plaintiff from Brewer, J., 23 September, 1920. This is an action to prevent the collection of a tax, alleged to be invalid, heard on the following agreed statement of facts: “1. That the Legislature, at its Session of 1913, passed an act entitled ‘An act to incorporate Wake Forest Graded School District.’ “2.

Good law ✅— No negative treatment on recordhow we know

Decided 1920-11-24

How this case has been cited

Cited by 3 later decisions — most recently January 1961

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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AlleN, J.

¶1School districts, incorporated by act of the General Assembly, are public municipal corporations, and as such come under the provisions of Article VII of the Constitution, entitled “Municipal corporations” (see Smith v. School Trustees, 141 N. C., 150, where the question is fully discussed. Also Williams v. Comrs., 176 N. C., 557), and not under Article VIII, which “Is entitled “Corporations other than municipal,’ and section 1 would seem clearly to have reference to private or business corporations, and does not refer to public or quasi-public corporations acting as governmental agencies.” Mills v. Comrs., 175 N. C., 218.

¶2There is therefore no error in holding that the act of 1919, amending the act incorporating the school district, a municipal corporation, is not in conflict with Article VIII, section 1, of the Constitution, which applies to private corporations.

¶3Affirmed.