Board of County Commissioners v. George
Supreme Court of North Carolina
Appeal by defendant from Finley, J., at tbe Spring Term, 1921, of STOKES. Civil action tried before Finley, Judge, and a jury on appeal from a justice of tbe peace.
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Appeal by defendant from Finley, J., at tbe Spring Term, 1921, of STOKES. Civil action tried before Finley, Judge, and a jury on appeal from a justice of tbe peace. Section 1681 of Consolidated Statutes is as follows: “Tbe money arising under tbe provisions of tbis article shall be applied to tbe school funds of tbe county in which said tax is collected: Provided, it shall be tbe duty of tbe county commissioners, upon complaint made to them of injury to person or injury to or destruction of property by any dog, upon satisfactory proof of such injury or destruction, to appoint three…
1Opinion of the CourtAdaMS, J.
Tbe defendant’s counsel denounces tbe validity of tbe statute in question on tbe ground tbat it deprives bis client of rights and privileges guaranteed by tbe organic law. His chief objection is based on tbe proposition tbat tbe statutory provision for tbe assessment of damages by three freeholders is an express denial of tbe right of trial by jury. We do not understand tbe defendant’s counsel to contend tbat tbe provision is in conflict with tbe “due process clause” of the Federal Constitution, for tbe Supreme Court of tbe United States has held tbat tbe Seventh Amendment relates only to…
2Cases cited9 opinions
- Walker v. SauvinetSupreme Court of the United States · 1876
- Marvin v. TroutSupreme Court of the United States · 1905
- Montana Co. v. St. Louis Mining & Milling Co.Supreme Court of the United States · 1894
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
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3Cited by15 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Atlas Fire Apparatus, Inc. v. Beaver (In Re Atlas Fire Apparatus, Inc.)United States Bankruptcy Court, E.D. North Carolina · 1986
- Painter v. Wake County Board of EducationSupreme Court of North Carolina · 1975
- State v. KincaidSupreme Court of North Carolina · 1922
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