Legal Opinion

Manly v. . City of Raleigh

Supreme Court of North Carolina

Decided June 5, 1859PublishedCited by 14 opinions

Cause removed from the Court of Equity of Wake Comity. By an ordinance of a Convention of the people of North Carolina, dated 21st of July, 1788, and an act of the General Assembly, dated 30th of September, 1732, (he seat of Government was permanently established ou a tract of land adjoining the tract whereon Joel Lane lived, at Wake County Court House, and four hundred aeres of land embraced in that tract, was laid off and erected into a city, named the “city of Raleigh.”

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Cause removed from the Court of Equity of Wake Comity. By an ordinance of a Convention of the people of North Carolina, dated 21st of July, 1788, and an act of the General Assembly, dated 30th of September, 1732, (he seat of Government was permanently established ou a tract of land adjoining the tract whereon Joel Lane lived, at Wake County Court House, and four hundred aeres of land embraced in that tract, was laid off and erected into a city, named the “city of Raleigh.” By an act of the General Assembly dated 7th of February, 1795, said city was constituted a mnneipal corporation by the…

1Opinion of the CourtPearson, C. J.

1. Has the General Assembly power to extend the limits of an incorporated town, without the consent, and against the wish of the citizens who live on, or own the land comprising the part to be annexed ?

“All legislative power is vested in the General Assembly.” The Constitution of the United States, the Declaration of rights, and the Constitution of the State, impose the only restrictions to which this otherwise unlimited power is subject; frequency of elections being relied on to prevent its abuse, or mitig.’.te the effect of abuse, by the repeal of an unwise enactment.

Counties and towns are…

2Cited by14 opinions

  1. Amalgamated Transit Union Local 587 v. StateWashington Supreme Court · 2000
  2. Gunter v. Town of SanfordSupreme Court of North Carolina · 1923
  3. In Re Annexation Ordinances Nos. 866-870, Etc.Supreme Court of North Carolina · 1961
  4. In Re Annexation Ordinance D-21927 Adopted by City of Winston-SalemSupreme Court of North Carolina · 1981
  5. In Re Opinions of the JusticesSupreme Court of Alabama · 1936

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