McIlhenney v. City of Wilmington
Supreme Court of North Carolina
Oivxi. ActxoN by E. D. Mcllhenney against the city of Wilmington, heard upon complaint and demurrer, by Judge Ceo. II. Brown, Jr., at Spring Term, 1900, of New IIaNOvek Superior Court. The plaintiff filed the following complaint: “The plaintiff alleges and complains: (1) That the defendant, the city of Wilmington, 'is a municipal corporation, duly created and existing under and by virtue of the laws of the State of North Carolina.
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Oivxi. ActxoN by E. D. Mcllhenney against the city of Wilmington, heard upon complaint and demurrer, by Judge Ceo. II. Brown, Jr., at Spring Term, 1900, of New IIaNOvek Superior Court. The plaintiff filed the following complaint: “The plaintiff alleges and complains: (1) That the defendant, the city of Wilmington, 'is a municipal corporation, duly created and existing under and by virtue of the laws of the State of North Carolina. (2) That under the act of the General Assembly of North Carolina, which was ratified on the 5th day of March, 1897, it was provided, under sec. 2 of said act, among…
1Opinion of the CourtGlare, J.
The defendant demurred to the complaint that it did not state facts sufficient to constitute a cause of action. The complaint alleged that the plaintiff, while quietly sitting on the steps of the bank, and not in any manner violating the laws of the State or city, was arrested in a brutal manner by one Temple, a policeman of defendant city; that the plaintiff, when brought before the mayor the following day, was discharged, after trial, on the ground that he had committed no offense, and the policeman was reprimanded by the mayor; that the policeman (Temple) was no-^ torious for his cruelty…
2Cases cited13 opinions
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- Wilcox v. City of ChicagoIllinois Supreme Court · 1883
- President of Odell v. SchroederIllinois Supreme Court · 1871
- Woodhull v. . the Mayor, Etc.New York Court of Appeals · 1896
- Prichard v. Board of Commissioners of MorgantonSupreme Court of North Carolina · 1900
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3Cited by54 opinions
- City of Dallas v. SmithTexas Supreme Court · 1937
- Millar v. Town of WilsonSupreme Court of North Carolina · 1942
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- Fisher v. New Bern.Supreme Court of North Carolina · 1906
- Galligan v. Town of Chapel HillSupreme Court of North Carolina · 1970
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