State Ex Rel. Battle v. City of Rocky Mount
Supreme Court of North Carolina
Appeal from Nash from a decree of Qoolce, Jbeard 28 February, 1911, at chambers. This is a suit for a writ of mandamus, brought by certain citizens of the city of Rocky Mount to compel its board of aldermen to elect a recorder, as required to do by the Laws of 1899, eh. 209, sees. 24, 25, 26, and 27, in order that a recorder’s court may be established and organized according to the terms of the said act, which sections provide as follows: Sec. 24. That a special court for…
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Appeal from Nash from a decree of Qoolce, Jbeard 28 February, 1911, at chambers. This is a suit for a writ of mandamus, brought by certain citizens of the city of Rocky Mount to compel its board of aldermen to elect a recorder, as required to do by the Laws of 1899, eh. 209, sees. 24, 25, 26, and 27, in order that a recorder’s court may be established and organized according to the terms of the said act, which sections provide as follows: Sec. 24. That a special court for the trial of misdemeanors is hereby established, and said court shall be known as the “Recorder’s Court of Rocky Mount.”…
1Opinion of the CourtWalker, J.
We concur with the learned judge in his conclusion of law and in his judgment. The act of 1907 is plainly mandatory. A recorder’s court is established by'the act, with detailed provisions for the exercise of the jurisdiction conferred upon it. It was clearly intended by the Legislature that the board of aldermen should, at their May meeting next after the passage of the act, elect a recorder. There is not even the scintilla of a discretion given to the board so far. The Legislature had the power to pass the act and it evidently knew precisely what it .wanted to do, and expressed itself to…
2Cases cited17 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Hamilton v. RathboneSupreme Court of the United States · 1899
- Jones v. Commissioners.Supreme Court of North Carolina · 1905
- Fortune v. Commissioners.Supreme Court of North Carolina · 1905
- McCormac v. Commissioners of RobesonSupreme Court of North Carolina · 1884
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. JohnsonSupreme Court of North Carolina · 1979
- Person v. . WattsSupreme Court of North Carolina · 1922
- School Commissioners v. Board of Aldermen & TreasurerSupreme Court of North Carolina · 1912
- Person v. Board of State Tax CommissionersSupreme Court of North Carolina · 1922
- Puckett v. SellarsSupreme Court of North Carolina · 1952
17 more not listed; retrieve them via the Exa API.