Legal Opinion
In Re Claim of Duckett
Supreme Court of North Carolina
Decided September 27, 1967No. 121PublishedCited by 18 opinions
1Opinion of the CourtBranch, J.
“The right to a pension depends upon statutory-provision therefor, and the existence of such right in particular instances is determinable primarily from the terms of the statute under which the right or privilege is granted.” 40 Am. Jur., Pensions, Sec. 23, p. 980.
Chapter 320 of the 1955 Session Laws of North Carolina provides in pertinent part:
“Sec. 7. Payment for Disability in Line of Duty. — That if and in the event any member of the Asheville Fire Department qualifying under this Act shall become disabled while acting in line of his duties, and is unable to work, he shall receive monthly…
2Cases cited12 opinions
- State v. . BarksdaleSupreme Court of North Carolina · 1921
- Jenkins v. North Carolina Department of Motor VehiclesSupreme Court of North Carolina · 1956
- Wilson v. . MooresvilleSupreme Court of North Carolina · 1942
- Warner v. W & O, INCORPORATEDSupreme Court of North Carolina · 1964
- Southeastern Baptist Theological Seminary, Inc. v. Wake CountySupreme Court of North Carolina · 1960
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Davison v. Duke UniversitySupreme Court of North Carolina · 1973
- State v. SanMiguelCourt of Appeals of North Carolina · 1985
- HOUSING AUTHORITY OF CITY OF GREENSBORO v. FarabeeSupreme Court of North Carolina · 1973
- Brookline Residential, LLC v. City of CharlotteCourt of Appeals of North Carolina · 2017
- State v. CrandallCourt of Appeals of North Carolina · 1986
13 more not listed; retrieve them via the Exa API.