Whitfield v. . Longest
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Carteret County, at the Spring Term,. 1846, his Honor Judge Manly presiding. This was an action of trespass, to recover damages for taking a parcel of hogs. On the trial below, the following case agreed was submitted to the Court: The defendant, Longest, was the Constable of the town of Beaufort, in the County of Carteret, and the other defendants Commissioners.
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Appeal from the Superior Court of Law of Carteret County, at the Spring Term,. 1846, his Honor Judge Manly presiding. This was an action of trespass, to recover damages for taking a parcel of hogs. On the trial below, the following case agreed was submitted to the Court: The defendant, Longest, was the Constable of the town of Beaufort, in the County of Carteret, and the other defendants Commissioners. The latter made and published an ordinance, whereby the running at large of hogs in the streets was declared a nuisance, and forbidden ; and it was ordained “ that each and every hog, found at…
1Opinion of the CourtNash, J.
We perceive no error in the opinion of the presiding Judge. The common law gives to every corporation power to make bye-laws for the general benefit of the-corporators, and the Legislature, by the private act incorporating the town of Beaufort,, passed in the year 1825, authorized the Commissioners to make ordinances, for the removal of public nuisances. The ordinances so made must be reasonable and for the general benefit. The Commissioners, then, are clothed with power to make laws to abate-nuisances, within the corporation. They have declared, that the running, at large of hogs in the…
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