Commissioners of Edenton v. Capeheart
Supreme Court of North Carolina
Civil aotioN tried at the Spring Term, 1874, of ChowaN Superior Court, before his Honor, Judge Albertson. This action, for the recovery of a penalty under a town ordinance, was brought at first in a Justice’s Court, and judgment rendered against the defendants, who appealed to the Superior Court.
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Civil aotioN tried at the Spring Term, 1874, of ChowaN Superior Court, before his Honor, Judge Albertson. This action, for the recovery of a penalty under a town ordinance, was brought at first in a Justice’s Court, and judgment rendered against the defendants, who appealed to the Superior Court. The defendants, citizens and residents of the State, though not of the town of Edenton, were owners of a fishery on Albemarle Sound, and pack large quantities of fish on ice in boxes and ship them fresh. The fish are brought ready boxed and iced from their fishery in small boats and vessels which…
1Opinion of the CourtRodmaN, J.
We find it convenient in considering the points of defence to reverse their order. The second point, is that what defendant did did not amount to a shipping of fish from the town within the meaning of the ordinance and act authorizing it.
The case states that the action was tried upon demurrer. No answer appears to have been made before the Justice, and none could be made in the Superior Court because the appeal ivas by the defendant from a judgment for less than $25, in which case the finding of the facts by the Justice is final. -C. C. P., secs. 539-540-.
The demurrer of course admitted all…
2Cases cited1 opinion
- Village of Buffalo v. WebsterNew York Supreme Court · 1833
3Cited by7 opinions
- City of Petersburg v. CockeSupreme Court of Virginia · 1897
- State v. . DensonSupreme Court of North Carolina · 1925
- Worth v. . CommissionersSupreme Court of North Carolina · 1864
- State v. Aetna Fire InsuranceSupreme Court of Arkansas · 1899
- City of Carterville v. BlystoneMissouri Court of Appeals · 1911
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