State v. . Fink
Supreme Court of North Carolina
OeimiNal action, determined on special verdict before Shaw, J., at •January Term, 1920, of Cabarrus. The charge is for operating an automobile for hire in the city of Concord without the city license, and without having paid the license tax of $20 imposed by the city authorities for the privilege, etc.
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OeimiNal action, determined on special verdict before Shaw, J., at •January Term, 1920, of Cabarrus. The charge is for operating an automobile for hire in the city of Concord without the city license, and without having paid the license tax of $20 imposed by the city authorities for the privilege, etc. The facts relevant to the issue, and the decision of the court thereon, are embodied in the judgment as follows: “It is admitted that the city of Concord is a municipal corporation ■chartered and existing under the private State laws of North Carolina, ■session 1907, chapter 344. “The city of…
1Opinion of the CourtHoke, J.
In the recent case of S. v. Prevo, 178 N. C., 740, it was held that, in order to a conviction, on a charge of this general character, it was necessary to show a violation of a lawful ordinance, and further, that a town or city ordinance in contravention of a valid. State statute on the subject is void.
Considering the record in view of these principles, it appears that sec. 6 of Laws 1917, ch. 140, entitled an act to regulate the use of automobiles, a license or registration fee is established for the use of motor vehicles, rated according to specified horse-power, and containing the proviso…
2Cases cited12 opinions
- Rodgers v. United StatesSupreme Court of the United States · 1902
- Dahnke v. PeopleIllinois Supreme Court · 1897
- Keith v. . LockhartSupreme Court of North Carolina · 1916
- School Commissioners v. Board of Aldermen & TreasurerSupreme Court of North Carolina · 1912
- City of Buffalo v. . LewisNew York Court of Appeals · 1908
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3Cited by5 opinions
- Blackwell v. City of GastoniaSupreme Court of North Carolina · 1921
- State v. . BaldwinSupreme Court of North Carolina · 1933
- Cox v. . BrownSupreme Court of North Carolina · 1940
- Cox v. BrownSupreme Court of North Carolina · 1940
- State v. . JonesSupreme Court of North Carolina · 1926