State v. . Wilson
Supreme Court of North Carolina
This was an indictment for a violation of an ordinance of the city of Statesville, tried on appeal from the court of a Justice of the Peace, at August Term, 1890, of the Superior Court of Ikedell County, before Bynum, J. The affidavit and warrant charged that the defendant “did, on the 16th day of August, 1889, wilfully, with force and arms at and in the said city, dam up and obstruct the water way and the flow of water from the south side of Walnut street, between Race…
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This was an indictment for a violation of an ordinance of the city of Statesville, tried on appeal from the court of a Justice of the Peace, at August Term, 1890, of the Superior Court of Ikedell County, before Bynum, J. The affidavit and warrant charged that the defendant “did, on the 16th day of August, 1889, wilfully, with force and arms at and in the said city, dam up and obstruct the water way and the flow of water from the south side of Walnut street, between Race street and Oak, in violation of the ordinances of the said city passed July 2d, 1888, chapter 40, Acts 1885, contrary to the…
1Opinion of the Court
Avery, J.:
When this case was brought up by the defendant (106 N. C, 718) on' appeal from the refusal of the Court below to quash the warrant, it was settled that the ordinance was valid, the town having authority, both under the general statute (The Code, § 3820) and the charter (Pr. Acts, 1885, ch. 40, §56), to make and enforce it. The question whether such an obstruction of the flow of water from the street is indictable as a public nuisance, and cognizable in the Superior Court, is, therefore, no longer an open one.
The statute (The Code, 3803) makes it the duty of the town, through its…
2Cases cited6 opinions
- Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
- Owings v. JonesCourt of Appeals of Maryland · 1856
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
- Murphy v. City of ChicagoIllinois Supreme Court · 1862
- Bridgers v. . DillSupreme Court of North Carolina · 1887
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3Cited by4 opinions
- Staton v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1892
- Kearns v. BloomfieldNew Jersey Court of Chancery · 1927
- People v. WillisNew York City Magistrates' Court · 1940
- State v. NewSupreme Court of North Carolina · 1902