State v. . David Pender .
Supreme Court of North Carolina
This was a motion to set aside and vacate a judgment rendered against the defendants as bail of George A. Smith, heard before Moore, Judge, at Fall Term, 1871, of Edgecombe Superior Court. * The facts stated in the record are as follows: John Norfleet was Magistrate of Police of the town of Tar-boro’, Edgecombe county, and‘as such issued the following warrant, viz: State v. George A. Smith.
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This was a motion to set aside and vacate a judgment rendered against the defendants as bail of George A. Smith, heard before Moore, Judge, at Fall Term, 1871, of Edgecombe Superior Court. * The facts stated in the record are as follows: John Norfleet was Magistrate of Police of the town of Tar-boro’, Edgecombe county, and‘as such issued the following warrant, viz: State v. George A. Smith. State op North Carolina, To miy Constable or other officer of said Oounty — Greeting : Whereas, Windsor Bilby hath complained on oath before me, a Magistrate of Police for the town of Tarboro’, that George…
1Opinion of the CourtRodMAN, J.
The poAver of the Legislature to confer criminal jurisdiction on the chief magistrates of cities and toAvns, stands on a different footing from their power to confer civil jurisdiction on such officers. The cases of the city of Wilmington v. Davis, 63 N. C., 582, and the town of Edenton v. Wool, 65 N. C., 379, which relate only to the civil jurisdiction, have therefore no application to the present case.'
By the Constitution (Art. IY, sec. 4,) the judicial power of the State is vested in “a Court for the trial of impeachments-, a Supreme Court, Superior Courts, Courts of Justices of the Peace,…
2Cases cited2 opinions
- Town of Edenton v. WoolSupreme Court of North Carolina · 1871
- City of Wilmington v. . DavisSupreme Court of North Carolina · 1869
3Cited by10 opinions
- State Ex Rel. Ewart v. JonesSupreme Court of North Carolina · 1895
- Town of Washington v. . HammondSupreme Court of North Carolina · 1877
- Jackson v. BobbittSupreme Court of North Carolina · 1961
- Lovegrove v. LovegroveSupreme Court of North Carolina · 1953
- State v. BaskervilleSupreme Court of North Carolina · 1906
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