Thrash v. Commissioners of Transylvania County
Cases that cite this one
2 later published cases cite this decision.
- Griffith v. . Board of Education (N.C. 1922)
- Osborne v. . Ballew (N.C. 1851)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Tbis was an action to impeach the validity of a local election for tbe levy of a special tax in a special school district, held under the provisions of Revisal, sec. 4115, and the amendment thereto in '1907. The petition of the freeholders, approved by the county board of education, was regularly filed before the county commissioners, who ordered the election. The report of ’the judges of election was confirmed by the county commissioners.
At the close of the evidence, his Honor, intimating that he would instruct the jury that, if they believed the evidence, the plaintiffs had not made out a case, they thereupon took a non-suit and appealed.
*694 Tbe presumption of law is in favor of tbe regularity of tbe conduct of tbe authorities, and tbe burden was upon tbe plaintiff to sbow tbe contrary. Quinn v. Lattimore, 120 N. C., 426. A careful examination of tbe testimony causes us to concur witb tbe judge below. There being no legal proposition involved, but merely an examination of tbe evidence, it can serve no purpose to recapitulate it.
No Error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.