Legal Opinion

Small v. Councilman of Edenton

Supreme Court of North Carolina

Decided February 19, 1908PublishedCited by 28 opinions

Civil actioN, tried before 0. II. Allen, J., and a jury, at Fall Term, 1907, of the Superior Court of Oi-iowan County. From judgment for defendants plaintiffs appealed. The facts sufficiently appear in the opinion of the Court.

1Opinion of the Court

ClaeK, O. I.

The councilmen of the town of Edenton, after full notice and full public discussion, and after hearing petitions for and against it, adopted the following ordinance: “That all stationary awnings (that is, awnings with posts resting on tbe sidewalk) in the town of Edenton be removed by 1 February, 1907. Any person, firm or corporation owning such awning wbo fails to comply with said ordinance shall be fined fifty dollars, and the constable of Edenton shall remove such awning.” The plaintiffs were a firm who had a stationary awning in front of their store, extending over the…

2Cases cited1 opinion

  1. Barnes v. District of ColumbiaSupreme Court of the United States · 1876

3Cited by28 opinions

  1. Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
  2. State v. . WhitlockSupreme Court of North Carolina · 1908
  3. Dorsey v. Town of HendersonSupreme Court of North Carolina · 1908
  4. Newton v. School Committee of CharlotteSupreme Court of North Carolina · 1912
  5. Bizzell Ex Rel. Bizzell v. Board of AldermenSupreme Court of North Carolina · 1926

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