Legal Opinion

State v. . Lord

Supreme Court of North Carolina

Decided November 27, 1907PublishedCited by 1 opinion

The defendant was arraigned in tbe Superior Court of MecKXENbueg County, September Term, 1907, charged with the illegal sale of liquor, and pleaded guilty; Ferguson, J., presiding. The Court refused to tax certain costs claimed by W. M. Smith, recorder and ex officio justice of the peace for the city of Charlotte. Said Smith excepted and appealed.

1Opinion of the CourtBeowN, J.

The charter of the city of Charlotte creates a recorder’s court for said city, defines its powers and jurisdiction, and provides for the election of a recorder. Section 53 provides: “That said recorder shall be an ex officio justice of the peace, and, before assuming the duties of his office, shall take the usual oath required by law to be taken by the justices of the peace, and also an oath to honestly and faithfully perform the duties of his office.”

One Earnhardt, a duly qualified justice of the peace, who also acts as desk sergeant at police headquarters in said city, issued a warrant for…

2Cases cited1 opinion

  1. State v. Joyner.Supreme Court of North Carolina · 1900

3Cited by1 opinion

  1. State v. McHoneSupreme Court of North Carolina · 1955

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