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BARBOUR v. CARTERET COUNTY

No. 101.

120 S.E.2d 448 (1961)

255 N.C. 177

J. O. BARBOUR, Jr., W. R. Hamilton, R. S. Eudy, Earl Mades, L. D. Springle, Charles Davis, E. W. Downum, Julian Fulcher, Sr., James H. Potter, III, H. D. Paul, Clifford Lewis, Albert Chappell, Leslie G. Moore, W. L. Arrington, Jarvis Herring, Mrs. G. W. Duncan, Ivey Gaskill, C. Wesley Willis, W. H. Potter, residents and taxpayers of Carteret County, North Carolina, in their own interest and in the interest of all other residents and taxpayers of Carteret County who may make themselves parties to this action v. CARTERET COUNTY; S. A. Chalk, Jr., Harold Taylor, David Yeomans, Gaston Smith and Moses Howard, constituting the Board of County Commissioners of Carteret County, the last named being Chairman of said Board of County Commissioners.

Supreme Court of North Carolina.

June 16, 1961.

Attorney(s) appearing for the Case

C. R. Wheatly, Jr., and Thomas S. Bennett, Beaufort, for plaintiff appellants.

Luther Hamilton, Jr., Morehead City, for defendant appellees.

RODMAN, Justice.

No valid bond anticipation note may be issued unless authority exists for the issuance of bonds to provide funds to pay the note. G.S. § 153-108.

The General Assembly has given its approval to the issuance of bonds by counties for the special purpose of erecting and purchasing hospitals. G.S. § 153-77(d). The construction and operation of a public hospital is not a necessary expense in...

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