Legal Opinion

State v. . Burbage

Supreme Court of North Carolina

Decided September 13, 1916PublishedCited by 15 opinions

OitiMTNAi, actiON beard on appeal from Beeorder’s Court at August Term, 1916, Superior Court of Beaufort County, before Allen, J., and a jury.

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OitiMTNAi, actiON beard on appeal from Beeorder’s Court at August Term, 1916, Superior Court of Beaufort County, before Allen, J., and a jury. The charge was for violating an ordinance of the town of Batb which' prohibited a dealer from keeping his store or shop open on Sunday for purpose of buying or selling or transacting business except in case of necessity, and also prohibiting the proprietor of a store from allowing third persons, persons other than himself or clerk, from entering his place of business on Sunday; the fine for violation of such ordinance being fixed at $10. The ordinance…

1Opinion of the Court

IIoke, J".,

after stating the case: Chapter 73, Eevisal, sec. 2923, empowers town commissioners to pass ordinances, rules and regulations for the better government of the town, not inconsistent with the provisions of the act and the law of the land, and to enforce such ordinances, etc., by appropriate penalties. In construing this and similar legislation elsewhere, the courts have very generally held that the established municipal authorities may enact such ordinances as are pro-motive of the peace and good order of the town, the limitation being that the regulations may not be unreasonable or…

2Cases cited6 opinions

  1. Soon Hing v. CrowleySupreme Court of the United States · 1885
  2. State v. . MedlinSupreme Court of North Carolina · 1915
  3. State v. . ThomasSupreme Court of North Carolina · 1896
  4. Hellen v. . NoeSupreme Court of North Carolina · 1843
  5. State v. . AustinSupreme Court of North Carolina · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. TranthamSupreme Court of North Carolina · 1949
  2. State v. McGeeSupreme Court of North Carolina · 1953
  3. State v. . VanhookSupreme Court of North Carolina · 1921
  4. State v. TowerySupreme Court of North Carolina · 1954
  5. Bizzell Ex Rel. Bizzell v. Board of AldermenSupreme Court of North Carolina · 1926

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