Legal Opinion

Ratchford v. . City of Gastonia

Supreme Court of North Carolina

Decided April 29, 1919Published

Appeal by plaintiff from Adams, J., at chambers in -Gastonia, 2 March, 1919 ; from Gastost. This was an application for an injunction against the sale of the lot under an ordinance of Gastonia which prescribed that every surface closet or privy in the city should be cleaned and inspected under the supervision of the city, and a charge or assessment of thirty (30) cents per month was to be levied or imposed for such work, and was to be collected from the owner of the…

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Appeal by plaintiff from Adams, J., at chambers in -Gastonia, 2 March, 1919 ; from Gastost. This was an application for an injunction against the sale of the lot under an ordinance of Gastonia which prescribed that every surface closet or privy in the city should be cleaned and inspected under the supervision of the city, and a charge or assessment of thirty (30) cents per month was to be levied or imposed for such work, and was to be collected from the owner of the property, and with the additional provision that on failure to pay such assessment such charge shall be a lien upon the real…

1Opinion of the CourtClark, C. J.

Laws 1917, ch. 36, subch. 7, sec. 4 (a general statute in regard to “cities and towns”), provides as follows: “The governing-body, or officer or officers who may be designated for this purpose' by said governing body, shall have the power summarily to remove, abate, or remedy, or cause to be removed, abated, or remedied, everything in the city limits, or within a mile of said limits, which is dangerous or prejudicial to the public health; and the expense of such action shall be paid by the person in default, and if not paid, shall be a lien upon the land or premises where the trouble arose,…

2Cases cited1 opinion

  1. State v. . HillSupreme Court of North Carolina · 1900

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