Legal Opinion

State v. . Krebs

Supreme Court of North Carolina

Decided June 5, 1870PublishedCited by 1 opinion

Indictment for promoting, &c., a lottery, tried before Bussell, J., at Spring Term 1870, of New Hanoyee Court. The defendants claimed a right to sell and dispose of personal and real property, among other ways, by lottery, under the private act of 1868-’9, c. 42, which chartered the North Carolina Beal and Personal Estate Agency; and the question was, whether such authority was given therein. The clause relied upon is given in the Opinion.

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Indictment for promoting, &c., a lottery, tried before Bussell, J., at Spring Term 1870, of New Hanoyee Court. The defendants claimed a right to sell and dispose of personal and real property, among other ways, by lottery, under the private act of 1868-’9, c. 42, which chartered the North Carolina Beal and Personal Estate Agency; and the question was, whether such authority was given therein. The clause relied upon is given in the Opinion. His Honor was of opinion that it was not. Verdict and Judgment accordingly; and Appeal by the defendants.

1Opinion of the Court

Peakson, O. J.

It is an indictable offence, punished with fine and imprisonment, “ to expose or set to sale any house, land or goods,” &c., by means of a lottery: Bev. Code, ch. 34, sec. 69.

The charter of the “North Carolina Beal and Personal Estate Agency has,” among others, this provision: “ And the said Agency shall have the right and power to sell and dispose of any real or personal property placed in their hands for sale, in any mode or manner the Agency shall deem host Private acts of 1868-’9, ch. 42, (p. 59.)

Taking the act of incorporation by itself, the words are broad enough to…

2Cited by1 opinion

  1. Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876

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