Legal Opinion

Town of Washington v. . Hammond

Supreme Court of North Carolina

Decided January 5, 1877PublishedCited by 25 opinions

Jurisdiction— Conflict of Municipal and Stcite Law. CRIMINAL ACTION, tried at Fall Term 1876 of Beauf jrt' Superior Court, before Moore, J. This was an appeal by the defendant from the judgment of the Intendant of Police of the Town of Washington, sentencing him to jail for violation of an ordinance, of which the following is a copy : “No. 21. All persons are prohibited from injuring or damaging the pumps, bridges or any other public property.

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Jurisdiction— Conflict of Municipal and Stcite Law. CRIMINAL ACTION, tried at Fall Term 1876 of Beauf jrt' Superior Court, before Moore, J. This was an appeal by the defendant from the judgment of the Intendant of Police of the Town of Washington, sentencing him to jail for violation of an ordinance, of which the following is a copy : “No. 21. All persons are prohibited from injuring or damaging the pumps, bridges or any other public property. Any violation of this ordinance shall subject the offender to a fine of not more than twenty dollars, or imprisonment of not more thau one month.’''…

1Opinion of the Court

RyNüm, J.

The Constitution provides that the judicial power of the State shall be vested in a Court for the trial of .Impeachments, a Supreme Court, Superior Courts, Courts of -Justices of the Peace and Special Courts. Art. IV. § 4. It also declares that the General Assembly shall provide for the •establishment of Special Courts for the trial of misdemeanors, in cities and towns, where they may be necessary. Art IV. § 19. Here then is an express power to create Special Courts for the trial of misdemeanors, in cities and towns, where they may be necessary ; and the General Assembly is…

2Cases cited2 opinions

  1. Town of Edenton v. WoolSupreme Court of North Carolina · 1871
  2. State v. . David Pender .Supreme Court of North Carolina · 1872

3Cited by25 opinions

  1. King v. Town of Chapel HillSupreme Court of North Carolina · 2014
  2. Greene v. City of Winston-SalemSupreme Court of North Carolina · 1975
  3. Hood v. Von GlahnSupreme Court of Georgia · 1892
  4. State v. . LangstonSupreme Court of North Carolina · 1883
  5. State v. . BrittainSupreme Court of North Carolina · 1883

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