Pace v. Raleigh.
Supreme Court of North Carolina
ActioN by State ex. rel. J. M. Pace and others against tbe City of Raleigh, pending in the Superior Court of Wake, and heard by Judge M. H. Justice, at Chambers at Raleigh, on the 27th of September, 1905, upon the pleadings and admissions of the parties. This was an application for a mandamus.
Read the full summary
ActioN by State ex. rel. J. M. Pace and others against tbe City of Raleigh, pending in the Superior Court of Wake, and heard by Judge M. H. Justice, at Chambers at Raleigh, on the 27th of September, 1905, upon the pleadings and admissions of the parties. This was an application for a mandamus. The plaintiffs and others presented a petition to the board of aldermen of the City of Raleigh asking that an election be called to determine whether saloons should be licensed in said city for the sale of intoxicating liquor in lieu of the existing City Dispensary. The committee to whom the petition…
1DissentBrown, J.
I regret to differ with, my brethren in any case and especially in this in which my natural inclinations strongly prompt me to concur. But my convictions are strong that the board of aldermen illegally struck from the petition the names of a large number of those who had the legal right to sign it. I am- of opinion: 1. That the board had no power to strike them off for the alleged non-payment of poll tax. 2. That the board has no authority to pass upon such fact. 3. That if they had such authority they exercised it in an illegal manner and based their finding upon utterly incompetent evidence.
2Cases cited1 opinion
- Shearin v. . Hunter, Adm'r.Supreme Court of North Carolina · 1875