Nash v. City of Monroe
Nash v. City of Monroe
Opinion of the Court
The maintenance of a municipal hospital is not a necessary governmental expense. Armstrong v. Commissioners, 185 N. C., 405, 117 S. E., 388.
Moreover, βfor purposes other than necessary expenses a tax cannot be levied within or. in excess of the constitutional limitation except by a vote of the people under special legislative authority.β Henderson v. Wilmington, 191 N. C., 269, 132 S. E., 25; Tate v. Commissioners, 122 N. C., 812, 30 S. E., 352.
Undoubtedly, if the city of Monroe had the money in its treasury, it could purchase equipment for its hospital. Adams v. Durham, 189 N. C., 232, 126 S. E., 611; Henderson v. Wilmington, supra. But the city of Monroe did not have such funds in hand and undertook to pledge
It appears from the judgment that the city was restrained from paying the note now held by the First National Bank of Monroe. The bank was not a party to the action, and this portion of the judgment must be stricken out. Otherwise the judgment is correct.
Modified and affirmed.
Reference
- Full Case Name
- H. G. NASH, on Behalf of Himself and Other Taxpayers of the City of Monroe, N. C. v. CITY OF MONROE
- Cited By
- 5 cases
- Status
- Published