PEACOCK v. COUNTY OF SCOTLAND

No. 742.

136 S.E.2d 612 (1964)

262 N.C. 199

J. A. PEACOCK for himself and on behalf of any other taxpayers of Scotland County v. COUNTY OF SCOTLAND and Sidney D. Smith, R. F. McCoy, Turner K. McKenzie, Jesse Sneed and James A. Gibson, constituting the Board of County Commissioners for the County of Scotland.

Supreme Court of North Carolina.

June 12, 1964.


Attorney(s) appearing for the Case

Bailey, Dixon & Wooten, Raleigh, for plaintiff appellant.

Smith, Leach, Anderson & Dorsett, and Henry A. Mitchell, Jr., Raleigh, for defendant appellees.


DENNY, Chief Justice.

The appellant's first assignment of error is to the failure of the court below to hold that Chapter 707, 1963 Session Laws, establishes or changes the lines of school districts in violation of Article II, Section 29 of the Constitution of North Carolina.

An examination of the Act in question reveals that it is an enabling statute, in addition to and not intended to be in lieu of existing general...

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