Broadfoot v. Town of Fayetteville
Supreme Court of North Carolina
ActioN of claim and delivery tried before Coble, J., at Spring Term, 1897, of Ccatberlanj) Superior Court. The plaintiff who lives within a mile beyond the corporation limits of Fayetteville brought the action to recover possession of his cow which had been impounded by the Town authorities of Fayetteville and was held for the payment of one dollar poundage allowed by the charter of the town or acts relating to it to be charged for stock running at large in the town.
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ActioN of claim and delivery tried before Coble, J., at Spring Term, 1897, of Ccatberlanj) Superior Court. The plaintiff who lives within a mile beyond the corporation limits of Fayetteville brought the action to recover possession of his cow which had been impounded by the Town authorities of Fayetteville and was held for the payment of one dollar poundage allowed by the charter of the town or acts relating to it to be charged for stock running at large in the town. Chapter 154, Acts of 1895, prohibits any town in Cumberland County from charging non-resident owners for stock running at large…
1Opinion of the Court
Clark, J.:
It was admitted by both parties that the result of this appeal depended upon the constitutionality of Chapters 141 and 154 of the Acts of 1895. These two Acts are substantially identical save that the first applies to the whole State while the latter is applicable to Cumberland County only. The first Section is aimed at the offence of driving live stock into a city, town or other territory in which live stock are forbidden to run at large, with intent to secure the penalty or to injure the owner, or for hire or reward. Violation of this Statute is made a misdemeanor. The second…
2Cases cited18 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- In Re KemmlerSupreme Court of the United States · 1890
- Hayes v. MissouriSupreme Court of the United States · 1887
- Colton v. ColtonSupreme Court of the United States · 1888
- Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
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3Cited by19 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- State v. . FowlerSupreme Court of North Carolina · 1927
- State v. . SharpSupreme Court of North Carolina · 1899
- Hancock v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1899
- Kinney v. SuttonSupreme Court of North Carolina · 1949
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