Legal Opinion

State v. . Steele

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 18 opinions

This was a CRIMINAL action, tried before Moore, J., at the October Term, 1889, of. the Criminal Court of Buncombe County, on an appeal from a Court of a Justice of the Peace of said county.

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This was a CRIMINAL action, tried before Moore, J., at the October Term, 1889, of. the Criminal Court of Buncombe County, on an appeal from a Court of a Justice of the Peace of said county. Joseph Weaver, the prosecutor, swore that a Mr. Dawson, who was a guest at the Battery Park Hotel, in the city of Asheville, called to him to supply him some horses from a livery-stable in the city of Asheville, with which stable the witness was connected as the agent of the manager and owners thereof; that because of this, he went up on the porch of the hotel, when the defendant, who was the manager of…

1Opinion of the CourtAvery, J.

after stating the facts: It was formerly held by the Courts of England that where an inn-keeper allured travelers to his tavern by holding himself out to the public as ready to entertain them, and then refused to receive them into his house when he had room to accommodate them, and after they had tendered the money to pay their bills, he was liable to indictment. But this doctrine (says Bishop, Vol. I, § 532, Cr. Law) has little practical effect at this time, being rather a relic of the past than a living thing of the present. Rex v. Lewellyn, 12 Mod. Rep., 445. In a dictum in State v.…

2Cases cited3 opinions

  1. Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
  2. Old Colony Railroad v. TrippMassachusetts Supreme Judicial Court · 1888
  3. Harris v. StevensSupreme Court of Vermont · 1858

3Cited by18 opinions

  1. State v. Shine.Supreme Court of North Carolina · 1908
  2. Champie v. Castle Hot Springs Co.Arizona Supreme Court · 1925
  3. Hutchins v. Town of DurhamSupreme Court of North Carolina · 1896
  4. Money v. . Hotel Co.Supreme Court of North Carolina · 1917
  5. Hedding v. GallagherSupreme Court of New Hampshire · 1903

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