State Ex Rel. Amick v. Lancaster
Supreme Court of North Carolina
1Opinion of the CourtStacy, C. J.
It is not stated whether tbe action was dismissed on procedural or constitutional grounds. Hence, we do not reach tbe constitutional question, if tbe remedy be defective or inappropriate. “Tbe courts will not determine a constitutional question, even when properly presented, if there be also present some other ground upon which the case may be made to turn.” S. v. Lueders, 214 N. C., 558, 200 S. E., 22.
It would be strange indeed, if the same government which authorizes the establishment of a “liquor control store,” should also provide for its padlocking at the instance of a private citizen…
2Cases cited1 opinion
- State v. . LuedersSupreme Court of North Carolina · 1938
3Cited by9 opinions
- Fox v. Board of Commissioners of County of DurhamSupreme Court of North Carolina · 1956
- Gardner v. City of ReidsvilleSupreme Court of North Carolina · 1967
- North Carolina Ex Rel. Taylor v. Carolina Racing Ass'nSupreme Court of North Carolina · 1954
- State Ex Rel. Summrell v. Carolina-Virginia Racing Ass'nSupreme Court of North Carolina · 1954
- Twitty v. North CarolinaDistrict Court, E.D. North Carolina · 1981
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