State v. . Brittain
Supreme Court of North Carolina
CRIMINAL ACTION tried at Spring Term, 1883, of Henderson Superior Court, before Avery, J. This was an appeal by the defendant from a judgment of the mayor of the town of Hendersonville, imposing upon the defendant a fine of fifty dollars for the violation of a town ordinance, which is as follows: “No. 25. That to sell spirituous, vinous or malt liquors within the corporate limits of the town of Hendersonville is declared a nuisance, and any person who maybe guilty of said…
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CRIMINAL ACTION tried at Spring Term, 1883, of Henderson Superior Court, before Avery, J. This was an appeal by the defendant from a judgment of the mayor of the town of Hendersonville, imposing upon the defendant a fine of fifty dollars for the violation of a town ordinance, which is as follows: “No. 25. That to sell spirituous, vinous or malt liquors within the corporate limits of the town of Hendersonville is declared a nuisance, and any person who maybe guilty of said offence shall, upon conviction before the mayor, forfeit and pay a fine not to exceed fifty dollars, or be imprisoned in…
1Opinion of the CourtMerrimoN, J.
Municipal ordinances and by-laws must always be subordinate to and harmonize with the general laws of the state, unless in cases where special powers are conferred upon the municipality to pass ordinances inconsistent with the general law. Nor can municipalities, by ordinances, create offences known to the general laws of the state, and provide for the punishment of the same, unless they have special authority so to provide conferred either by some general or special statute. Hence, when an offence is indictable in the superior court, a city or town ordinance, making the same act, or…
2Cases cited2 opinions
- Town of Washington v. . HammondSupreme Court of North Carolina · 1877
- State v. . LangstonSupreme Court of North Carolina · 1883
3Cited by19 opinions
- Marks v. StateSupreme Court of Alabama · 1909
- National Amusement Co. v. JohnsonMichigan Supreme Court · 1935
- Walsh v. City of River RougeMichigan Supreme Court · 1971
- Hood v. Von GlahnSupreme Court of Georgia · 1892
- Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
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