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STRICKLAND v. FRANKLIN COUNTY.

No. 378.

104 S.E.2d 852 (1958)

248 N.C. 668

C. S. STRICKLAND, W. P. Long and Ronald Tharrington, v. FRANKLIN COUNTY, B. W. Young, N. E. Faulkner, J. I. Weldon, R. B. May and Norris Collins, Commissioners of Franklin County.

Supreme Court of North Carolina.

September 17, 1958.

Attorney(s) appearing for the Case

Fletcher & Lake, Raleigh, for plaintiffs, appellants.

Edward F. Yarborough, Louisburg, for defendants, appellees.

JOHNSON, Justice.

The special act which authorizes the issuance of these bonds provides that "they shall be made payable exclusively out of taxes to be levied in such district, except the board of county commissioners may pay from county funds any part of the principal and interest of said bonds* * *." Sec. 6, Ch. 1078, S.L.1957. (Italics added.)

The plaintiffs rest their appeal primarily upon the provision...

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