Town of Edenton v. Wool
Supreme Court of North Carolina
This was an appeal from an alleged judgment rendered by the Mayor of Edenton against the defendants for a violation of a town ordinance, and known as Ordinance No. XVI — in which it is declared that “ no bar room or house where liquors are sold •shall be opened on the Sabbath,” «fee. The defendants were fined twenty-five dollars and costs, and the said appeal was tried before Pool, J., at Spring Term, 1871, of Chowan Superior ■Court.
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This was an appeal from an alleged judgment rendered by the Mayor of Edenton against the defendants for a violation of a town ordinance, and known as Ordinance No. XVI — in which it is declared that “ no bar room or house where liquors are sold •shall be opened on the Sabbath,” «fee. The defendants were fined twenty-five dollars and costs, and the said appeal was tried before Pool, J., at Spring Term, 1871, of Chowan Superior ■Court. The defendants moved to dismiss the action, because, amongst other grounds, that the Mayor of Edenton had no jurisdiction •over the subject matter. cited…
1Opinion of the CourtRodman, J.
The town of Edenton was originally incorporated many years ago. At the session of 1869-'70, (Private Acts ch. 123, p. 232,) the Legislature re-incorporated it, and attempted to give to the Mayor of the town, the jurisdiction of a Justice of the Peace.
This is an action for a penalty for breach of a town ordinance ; and is technically, a civil action arising out of a contract.
The question presented is, whether the Legislature could constitutionally confer on an officer elected by the voters of a town, but not of a township, the judicial powers of a Justice of the Peace in such an action ?
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2Cases cited1 opinion
- City of Wilmington v. . DavisSupreme Court of North Carolina · 1869
3Cited by14 opinions
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- Ex parte WatsonWest Virginia Supreme Court · 1918
- Town of Washington v. . HammondSupreme Court of North Carolina · 1877
- McDonald v. . DicksonSupreme Court of North Carolina · 1882
- Linker v. . LinkerSupreme Court of North Carolina · 1938
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