Legal Opinion · Dissent

Collins v. Pettitt

Supreme Court of North Carolina

Decided May 9, 1899Published

PetitioN to Rei-ieae this case decided at September Term, 1898. Reported in 123 N. 0., 769.

1DissentClare, J.

The Courts have no public policy to declare or enforce. This lies outside of their province. It is for the Legislature, ..the law making power, to define and declare the public policy and when this is clear, whether it may seem a hardship, or beneficial, it is equally the duty of the Courts to declare the law as written. If of doubtful meaning, it is the duty of the Courts to construe it in accord with the settled public policy as deduced from this and similar legislation, or to consider the evil to be remedied, and other like aids, in the endeavor to get at the true meaning of the Act.

The…

2Cases cited22 opinions

  1. Castillo v. McConnicoSupreme Court of the United States · 1898
  2. King v. MullinsSupreme Court of the United States · 1898
  3. Knight v. . HoughtallingSupreme Court of North Carolina · 1881
  4. De Treville v. SmallsSupreme Court of the United States · 1879
  5. Skinner v. . TerrySupreme Court of North Carolina · 1890

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