Mowery v. Town of Salisbury
Supreme Court of North Carolina
Civil ActioN for Damages commenced before a justice of the peace and tried on appeal at Pall Term, 1879, of RowaN Superior Court, before Gilmer, J. An ordinance of defendant corporation imposed a tax of one dollar upon all dogs running at large on the streets, and required the owners to put collars and badges on their dogs as evidence of the payment of the tax.
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Civil ActioN for Damages commenced before a justice of the peace and tried on appeal at Pall Term, 1879, of RowaN Superior Court, before Gilmer, J. An ordinance of defendant corporation imposed a tax of one dollar upon all dogs running at large on the streets, and required the owners to put collars and badges on their dogs as evidence of the payment of the tax. The plaintiff’s dog was found running at large without a badge and was shot and killed by an officer of the town in pursuance of the requirements of the ordinance. And thereupon the plaintiff brought this suit against the town…
1Opinion of the CourtSmith, C. J.
The act incorporating “ the commissioners of the town of Salisbury” confers upon the commissioners in express terms authority “to regulate the manner in which dogs may be kept in said town.” In the exercise of this power the following ordinance was passed:
“ The chief of police shall have badges prepared which must be placed upon the collars of all dogs running upon the streets: the owners of dogs shall register the same with the clerk, and upon the payment to the clerk of one dollar for each dog, and two dollars for each bitch, shall be furnished with a properly numbered badge ; and after the…
2Cases cited2 opinions
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