State v. . Tenant
Supreme Court of North Carolina
INDICTMENT for violation of a city ordinance, tried on appeal from the judgment of the Mayor of the City of Ashe-ville, at October Term, 1891, of the Criminal Court of Buncombe County, before Carter, J. The jury returned a special verdict, substantially as follows: 1. That the city of Asheville is a corporation, etc. 2. That the Asheville Mission Hospital is a corporation,, etc., and has for several years been conducting a hospital for sick and destitute persons, on a lot of…
Read the full summary
INDICTMENT for violation of a city ordinance, tried on appeal from the judgment of the Mayor of the City of Ashe-ville, at October Term, 1891, of the Criminal Court of Buncombe County, before Carter, J. The jury returned a special verdict, substantially as follows: 1. That the city of Asheville is a corporation, etc. 2. That the Asheville Mission Hospital is a corporation,, etc., and has for several years been conducting a hospital for sick and destitute persons, on a lot of land owned by it in the city of Ashevilie. 3. That the city duly passed the following ordinance: “That no person, firm…
1Opinion of the Court
Avery, J.:
The Legislature- is empowered under the organic law to restrict an individual by .direct enactment in the exercise of such dominion and control over his own house or premises, as may result in injury to others, provided the prohibitory or restraining statute does not upon its face discriminate in favor of one person or class of persons over others. And, though the law-making power can unquestionably create a municipal corporation and delegate legislative authority to it, it cannot clothe the creature with power to do what the Constitution prohibits the creator from doing. Cooley…
2Cases cited18 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Mugler v. KansasSupreme Court of the United States · 1887
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
- In re FrazerMichigan Supreme Court · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Spann v. City of DallasTexas Supreme Court · 1921
- Spann v. City of DallasTexas Supreme Court · 1921
- Crossman v. City of GalvestonTexas Supreme Court · 1923
- In Re Certificate of Need for Aston Park Hospital, Inc.Supreme Court of North Carolina · 1973
- City of St. Louis v. RussellSupreme Court of Missouri · 1893
50 more not listed; retrieve them via the Exa API.