Legal Opinion

State v. . Moore

Supreme Court of North Carolina

Decided September 5, 1889PublishedCited by 67 opinions

Constitution — Statutes—Police Power. This was an indictment originating before the Court of á Justice of the Peace and tried on appeal in the Superior Court of NORTHAMPTON, at Pall Term, before Boykin, J., for a violation of chapter 81, Laws‘of 1887, as amended by-chapter, 321, Laws of 1889, in selling cotton contrary to the provisions of said chapters.

Read the full summary

Constitution — Statutes—Police Power. This was an indictment originating before the Court of á Justice of the Peace and tried on appeal in the Superior Court of NORTHAMPTON, at Pall Term, before Boykin, J., for a violation of chapter 81, Laws‘of 1887, as amended by-chapter, 321, Laws of 1889, in selling cotton contrary to the provisions of said chapters. The jury impaneled in the Superior Court returned a special verdict as follows: “ We find that the defendant John E. Moore, at and in the county of Northampton, on the 25th day of September, 1889, received and purchased of James J. Martin and…

1Opinion of the CourtAvery, J.

— after stating the case: The police power of the State is the authority, vested in the Legislature by the Constitution, to enact all such wholesome and reasonable laws, not in conflict with the fundamental laws—the Constitution of the State and the United States, together with laws made in pursuance of it — as they may deem conducive to public good. Carr v. Alger, 7 Cush., 84. The question being whether the law-making branch of the State government has exceeded the limits of its power, as defined in that instrument, it is the duty of the Courts to resolve every doubt in favor of the validity…

2Cases cited18 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. Dent v. West VirginiaSupreme Court of the United States · 1889
  4. Barbier v. ConnollySupreme Court of the United States · 1884
  5. Beer Co. v. MassachusettsSupreme Court of the United States · 1878

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

3Cited by67 opinions

  1. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  2. McIntyre v. ClarksonSupreme Court of North Carolina · 1961
  3. Leep v. Railway Co.Supreme Court of Arkansas · 1894
  4. State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
  5. State v. . TenantSupreme Court of North Carolina · 1892

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API