Nash v. City of Monroe
Cases that cite this one
5 later published cases cite this decision.
- Iron City Savings Bank v. Isaacsen (Va. 1932)
- City of Greensboro v. Smith (N.C. 1954)
- Rider v. Lenoir County (N.C. 1953)
- Wilson v. City of High Point (N.C. 1953)
- Wickey v. Muscatine County (Iowa 1951)
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
The maintenance of a municipal hospital is not a necessary governmental expense. Armstrong v. Commissioners, 185 N. C., 405, 117 S. E., 388.
Moreover, “for 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.” 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.