Hellen v. . Noe
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Carteret County, at Spring Term, 1843, his Honor Judge Bailey presiding. This was an action of Trespass for taking a hog belonging to the plaintiff.
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Appeal from the Superior Court of Law of Carteret County, at Spring Term, 1843, his Honor Judge Bailey presiding. This was an action of Trespass for taking a hog belonging to the plaintiff. On the trial it was in proof, that the plaintiff lived in the town of Beaufort — that his hog was running at large in the streets of the said town — that the defendant, Peter Noe, as the constable of the said town (having been duly appointed to that office,) and under an ordinance of the commissioners of the town, seized and sold the said hog to Whitehurf for twenty-five cents — and that the ordinance…
1Opinion of the Court
■ I)aniel, J.
This' was an action of trespass for taking a hog. Plea in justification, that the defendant, Peter Noe, was then the town constable of Beaufort, and that he took up the hog of the plaintiff within the limits of the said town under the town ordinance mentioned in the case. Had the commissioners of the town power to make such an ordinance? The private act of Assembly, passed in the year 1825, for the better regulation of the town of Beaufort, authorized the commissioners to make ordinances for the removal of public nuisances, and also all such necessary rules as may tend to the…
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