Legal Opinion

State v. . Powell

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 8 opinions

INDICTMENT on appeal from the mayor of the town of Morganton, tried before Graves, Judge, at Spring Term, 1886, of Burke Superior Court. The Court dismissed the proceeding for want of jurisdiction, from which the Solicitor appealed. The facts are sufficiently stated in the opinion of the Court.

1Opinion of the CourtSmith, C. J.

The prosecution against the defendant, commenced and tried before the mayor of the town of Morgan-ton, is for a misdemeanor, in violating a town ordinance, and by defendant’s appeal was carried to the Superior Court. The ordinance is set out in the record, and among other subjects of taxation, imposes upon the keeper of each stable a tax of ten dollars per annum, to be paid in advance, and a license obtained to carry on the business, and concludes with affixing a penalty, in these words:

“ Any person or persons, or companies, who shall begin, carry on or practice any of the business, trades,…

2Cited by8 opinions

  1. State v. . BurtonSupreme Court of North Carolina · 1893
  2. State v. . DavisSupreme Court of North Carolina · 1892
  3. State v. . BrittainSupreme Court of North Carolina · 1907
  4. City of Miami v. GilbertDistrict Court of Appeal of Florida · 1958
  5. State v. WhitakerSupreme Court of North Carolina · 1894

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