Roper v. Town of Laurinburg
Supreme Court of North Carolina
MotioN for injunction heard at Fall Term, 1883, of RICHMOND Superior Court, before McKay, J. The purpose of this suit is to restrain the defendants, the mayor and commissioners of the town of Laurinburg, a municipal corporation formed by law, from employing and paying counsel for services to be rendered in certain actions, civil and criminal, depending in the superior court, out of the public funds in the treasury derived from taxation.
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MotioN for injunction heard at Fall Term, 1883, of RICHMOND Superior Court, before McKay, J. The purpose of this suit is to restrain the defendants, the mayor and commissioners of the town of Laurinburg, a municipal corporation formed by law, from employing and paying counsel for services to be rendered in certain actions, civil and criminal, depending in the superior court, out of the public funds in the treasury derived from taxation. Two of these are prosecutions against separate parties who are charged with violating a town ordinance which forbids drunkenness, the use of profane or…
1Opinion of the Court
Smith C. J.,
after stating the above. We do not feel called upon to determine the facts of the transaction, so differently represented in the affidavits, and we recapitulate only so much of the testimony as shows that all the actions originated in an attempted discharge of public duty and the maintenance of good order in the town, and whether there was in fact a breach of the town ordinance committed in presence of the officer and mayor which warranted the immediate arrest, or whether violence was used in excess of any required to overcome the resistance offered, are, in our view, not material…
2Cited by6 opinions
- Merrimon v. Paving Company.Supreme Court of North Carolina · 1906
- City of Corsicana v. BabbTexas Commission of Appeals · 1927
- Snowden v. Anne Arundel CountyCourt of Appeals of Maryland · 1983
- MacHado v. BalHawaii Supreme Court · 1930
- Hancock v. Commissioners of Craven CountySupreme Court of North Carolina · 1903
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