Legal Opinion

Guy v. Commissioners of Cumberland County

Supreme Court of North Carolina

Decided April 5, 1898PublishedCited by 17 opinions

OrviL action brought and pending in Cumberland Superior Court to enjoin the Dispensary Board of Cumberland county from establishing and maintaining the dispensary authorized by Chapter 235, Acts of 1897, and to enjoin the defendant County Commissioners from paying out any county funds or pledging the credit of the county for the support of such dispensary and from engaging in the sale of liquor under said Act, and to have said Act declared unconstitutional.

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OrviL action brought and pending in Cumberland Superior Court to enjoin the Dispensary Board of Cumberland county from establishing and maintaining the dispensary authorized by Chapter 235, Acts of 1897, and to enjoin the defendant County Commissioners from paying out any county funds or pledging the credit of the county for the support of such dispensary and from engaging in the sale of liquor under said Act, and to have said Act declared unconstitutional. A rule to show cause, &c., was issued by Mclver, «/., and the answer thereto heard before him at Chambers in Carthage, N. 0.’, on the…

1Opinion of the Court

Clark, J.:

The General Assembly of 1897 enacted a statute (Chapter 235) to “regulate the sale of liquors in Cumberland county and to establish a Dispensary.” This action is brought by the plaintiff in behalf of himself and all other tax payers and residents of said county who may join in the action, to enjoin the county commissioners from paying out any money to aid in establishing or maintaining said Dispensary, or pledging the faith and credit of the county for any debt contracted on behalf of the same, and also to enjoin the operation of the Dispensary on the ground that the Act is…

2Cases cited10 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  3. State v. . MooreSupreme Court of North Carolina · 1889
  4. State v. . JoynerSupreme Court of North Carolina · 1879
  5. State v. . BarringerSupreme Court of North Carolina · 1892

5 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. State v. . DixonSupreme Court of North Carolina · 1939
  2. State v. DixonSupreme Court of North Carolina · 1939
  3. Utah Mfrs.' Assn. v. StewartUtah Supreme Court · 1933
  4. Gardner v. City of ReidsvilleSupreme Court of North Carolina · 1967
  5. State v. . SharpSupreme Court of North Carolina · 1899

12 more not listed; retrieve them via the Exa API.

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