State v. . Hall
Supreme Court of North Carolina
INDICTMENT, beard on a demurrer thereto by the defendants, by Meares, Judge, at November Term, 1886, of the Criminal Court of New Hanover county. The facts appear in the opinion. His Honor sustained the demurrer, and the State appealed.
1Opinion of the CourtMerrimon, J.
No doubt the mayor and aldermen of “ The City of Wilmington ” are indictable for any wilful or negligent failure to discharge the duties devolved upon them by its charter, “ to secure order, health and quiet in said city, and for one mile around it.” They cannot, with impunity, arbitrarily refuse to exercise the powers with which they are invested for that purpose, nor can they wilfully pervert them. It is their duty to exercise the same by making “ all needful ordinances, rules and regulations,” the appointment of suitable and necessary officers and agents, and the employment of appropriate,…
2Cases cited2 opinions
- State v. . McNeillSupreme Court of North Carolina · 1885
- State v. . FishblateSupreme Court of North Carolina · 1880
3Cited by15 opinions
- State v. . KnottsSupreme Court of North Carolina · 1914
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- State v. WilsonSupreme Court of North Carolina · 1897
- State v. LehmanSupreme Court of Missouri · 1904
- Moffitt v. . AshevilleSupreme Court of North Carolina · 1889
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