Board of Commissioners v. Smith
Supreme Court of North Carolina
This was a proceeding for a writ of certiorari, heard by consent upon petition and affidavits, as evidence before Boykin, L, riding the Fifth Judicial District, at Chambers in DurhaM, June 11th, 1891. The petitioners (the said town), without objection, introduced an amendment to the charter of said town, being chapter 276, Law's of 1854- 55. The defendant’s counsel moved to dismiss the said application, upon the ground that the proceedings of the Commissioners of OraDge…
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This was a proceeding for a writ of certiorari, heard by consent upon petition and affidavits, as evidence before Boykin, L, riding the Fifth Judicial District, at Chambers in DurhaM, June 11th, 1891. The petitioners (the said town), without objection, introduced an amendment to the charter of said town, being chapter 276, Law's of 1854- 55. The defendant’s counsel moved to dismiss the said application, upon the ground that the proceedings of the Commissioners of OraDge County, in regard to granting the license and orders complained of were not subject to review, as it was an exercise of the…
1Opinion of the Court
Shepherd, J.:
The town of Hillsboro, by its duly authorized attorney, appeared before the Board of Commissioners of the County of Orange and objected to the granting of a license by that body to one John U Smith to retail intoxicating liquors in the said town. The Board of Commissioners ordered that a license be issued to the said Smith, and taxed the town with the costs of the proceeding. The town, having been thus treated as a party to the proceeding, very clearly had a right to have the action of the Board of Commissioners reviewed, and, as no appeal lies from that body in a case like the…
2Cases cited2 opinions
- W. O. Muller & Co. v. Commissioners of Buncombe CountySupreme Court of North Carolina · 1883
- Commissioners of Maxton v. Commissioners of Robeson CountySupreme Court of North Carolina · 1890
3Cited by9 opinions
- Cox v. City of KinstonSupreme Court of North Carolina · 1940
- State v. . StevensSupreme Court of North Carolina · 1894
- Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- State ex rel. Noble v. City Council of CheyenneWyoming Supreme Court · 1898
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