Legal Opinion

City of Wilmington v. . Davis

Supreme Court of North Carolina

Decided June 5, 1869PublishedCited by 13 opinions

ActioN, to recover a penalty, brought before Cantwell, J., at April Term 1869 of the Special Court of the City of Win--HINGTON. No statement of facts here is necessary. Judgment for the plaintiff, from which the defendant ■.appealed.

1Opinion of the CourtRodmaN, J.

This was an action brought before the Special 'Court of the City of Wilmington, to recover the penalty for a violation of an ordinance of that city in keeping open a barber .shop on Sunday. A question of jurisdiction meets us on the threshold, which cannot be avoided: Has the Special Court ■of the City of Wilmington any civil jurisdiction? Being a •Court ot limited and special jurisdiction, its jurisdiction must appear in all cases, and cannot be presumed, as it might be of -a Court of general jurisdiction. By an act ratified Aug. 11th 1868 (Acts of 1868, ch. 12, p. 13), the Legislature…

2Cited by13 opinions

  1. Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
  2. State v. . AbernethySupreme Court of North Carolina · 1925
  3. Town of Edenton v. WoolSupreme Court of North Carolina · 1871
  4. Sewing Machine Co. v. . BurgerSupreme Court of North Carolina · 1921
  5. School Directors v. . AshevilleSupreme Court of North Carolina · 1905

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