Intendant and Commissioners v. . Sorrell
Supreme Court of North Carolina
Appeal from the judgment of a Justice of the Peace .for a penalty brought by successive appeals to the Superior Court of Wake County, and tried before bis Honor Judge MaNLY, at Fall Term 1853, of that Court.
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Appeal from the judgment of a Justice of the Peace .for a penalty brought by successive appeals to the Superior Court of Wake County, and tried before bis Honor Judge MaNLY, at Fall Term 1853, of that Court. Tbe facts of tbe case were agreed on by tbe respective Counsel of tbe parties, and submitted to tbe Court for its judgment, and are these: on tbe morning of tbe day of 1851, tbe defendant brought to tbe market a load of sheaf oats; they bad been much wetted by tbe rain which fell on that day in bringing them to tbe market, and when they were offered for sale to several persons, they…
1Opinion of the CourtNash, C. J.
This action is- brought, to recover the penalty of five dollars, imposed by the City authorities, for a violation of an ordinance made by them. The fact of the violation of the ordinance is not denied,
The first objection made by the defendant’s Counsel, is an alleged variance between the ordinance, under which the action is brought, and the act of incorporation. A copy frota the 3rd Section of that act accompanied the .case. The language is “ that the Commissioners .and their successors in office &c., are hereby incorporated into a body politic” &c. The ordinance is, M at a meeting -of the…
2Cited by15 opinions
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- State v. . DixonSupreme Court of North Carolina · 1939
- State v. DixonSupreme Court of North Carolina · 1939
- State v. . SharpSupreme Court of North Carolina · 1899
- State Ex Rel. Markham v. SimpsonSupreme Court of North Carolina · 1918
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