Abernethy v. Board of Commissioners
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at the August Term, 1915, of Pitt. Civil action, beard upon a ease agreed, submitted, under tbe statute, as a controversy without action, which is as follows: There has arisen a controversy between the board of commissioners of Pitt County and Charles L. Abernethy, solicitor of the Fifth Judicial Uistrict, relative to the meaning and construction of an act of the Legislature, towit, Public Lavra of 1915, ch. 623, which reads as follows: The…
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Appeal by defendant from Bond, J., at the August Term, 1915, of Pitt. Civil action, beard upon a ease agreed, submitted, under tbe statute, as a controversy without action, which is as follows: There has arisen a controversy between the board of commissioners of Pitt County and Charles L. Abernethy, solicitor of the Fifth Judicial Uistrict, relative to the meaning and construction of an act of the Legislature, towit, Public Lavra of 1915, ch. 623, which reads as follows: The General Assembly of North Carolina do enact: SectioN 1. The board of Commissioners of the county of Pi'tt are hereby…
1Opinion of the Court
“Walker, J.,
after stating the case: This is an unfortunate controversy which has arisen between the parties, growing out of their misunderstanding as to what was intended to be done, and as to the manner of expressing their purpose, if they had fully agreed upon the matter; but we must seek for and find the intention by the rules prescribed for legal interpretation, where there is any doubt as to the meaning of a statute or other instrument. The words used shall be given the ordinary meaning, unless it appears from the context, or even otherwise, in the statute, that another and different…
2Cases cited4 opinions
- State v. . PartlowSupreme Court of North Carolina · 1884
- Fortune v. Commissioners.Supreme Court of North Carolina · 1905
- Den Ex Dem Drake v. DrakeSupreme Court of North Carolina · 1833
- State v. . Melton and ByrdSupreme Court of North Carolina · 1852
3Cited by47 opinions
- Lawrence Baking Co. v. Unemployment Compensation CommissionMichigan Supreme Court · 1944
- State v. . BarksdaleSupreme Court of North Carolina · 1921
- In Re SteelmanSupreme Court of North Carolina · 1941
- Ross Realty Co. v. First Citizens Bank & Trust Co.Supreme Court of North Carolina · 1979
- Carolina Beach Fishing Pier, Inc. v. Town of Carolina BeachSupreme Court of North Carolina · 1968
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