Town of Henderson v. Davis
Supreme Court of North Carolina
Civil action, originally begun before the Mayor of the town of Henderson, and tried before Armfield, J., at Spring Term, 1889, of the Superior Court of Vance County.
Read the full summary
Civil action, originally begun before the Mayor of the town of Henderson, and tried before Armfield, J., at Spring Term, 1889, of the Superior Court of Vance County. This action was begun to recover the penalty of ten dollars incurred by an alleged violation of an ordinance of the plaintiff, whereof the following is a copy: • “Article 3, §1. Any person or persons allowing obstructions to remain or continue in any street, or streets, or alleys in the town of Henderson, after having been notified by the town constable, shall be fined ten dollars for each day said obstructions shall be allowed…
1Opinion of the Court
MeeeiMON, C. J.:
The objection that the Mayor’s Court did not have jurisdiction of the action because “ the title to land was put in issue and involved,” is without force. The title to real estate was not in controversy, in the sense of the Constitution (Art. IY, §27), or of the statute (The Code, §§ 834, 836, 837). The substance. of the controversy was, whether or not a public street of the plaintiff had been established, and whether or not the defendants had obstructed the same, in violation of the ordinance specified, and thus incurred the penalty sued for. If the street were established,…
2Cases cited2 opinions
- State v. . LyleSupreme Court of North Carolina · 1888
- State v. . DavisSupreme Court of North Carolina · 1873
3Cited by6 opinions
- City of El Paso v. RuckmanTexas Supreme Court · 1898
- Tod v. City of HoustonTexas Commission of Appeals · 1925
- City of Houston v. LittleCourt of Appeals of Texas · 1922
- In re ShortSupreme Court of Kansas · 1891
- City of Houston v. TodCourt of Appeals of Texas · 1923
1 more not listed; retrieve them via the Exa API.