Smith v. City of Newbern
Supreme Court of North Carolina
Civil aotioN, tried before- Watts, J, at the January (Special) Term, 1873, of the Superior Court of Craven county. The plaintiff, who is the assignee of Smith & Dey, sues the defendant upon the following instrument, to-wit: “ No. 3. Ofuioe of Board of CommissioNers, Newbern, N. C., Jan. 31st, 1866. This is to certify that the town of Newbern is indebted to Smith & Dey in the sum of nine hundred and thirty dollars and fifty-eight cents, as per account, and approved by Mayor…
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Civil aotioN, tried before- Watts, J, at the January (Special) Term, 1873, of the Superior Court of Craven county. The plaintiff, who is the assignee of Smith & Dey, sues the defendant upon the following instrument, to-wit: “ No. 3. Ofuioe of Board of CommissioNers, Newbern, N. C., Jan. 31st, 1866. This is to certify that the town of Newbern is indebted to Smith & Dey in the sum of nine hundred and thirty dollars and fifty-eight cents, as per account, and approved by Mayor and Board of Commissioners. $930.38. J. T. HOUGH, Mayor. Registered Feb. 1, page 1. JOHN M. HaRgbt, City Clerk.” The only…
1Opinion of the CourtByNOM, J.
This is a civil action against the defendant, a municipal corporation, to recover the sum of $930.58, due by audited account for building a market house in and for the use of the city of Newbern. There was a verdict and judgment thereon for the plaintiff in the Court below and an appeal to this Court.
The case stated presents for our decision but one question,, viz: Whether the city of Newbern had the power to build a. market house under the laws of the corporation.
For the power, the plaintiff relies upon section 13 of chapter 25 of the acts of 1779, being an act for the regulation of the town…
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