State v. Maultsby.
Supreme Court of North Carolina
This is a petition in tbe action of State v. W. S. ■Maultsby, by one John Evylin, for one-balf of a fine imposed upon tbe defendant Maultsby upon bis conviction for retailing spirituous liquors in violation of tbe Cumberland County prohibition law, beard by Judge G. S. Ferguson, at tbe March Term, 1905, of tbe Superior Court of CUMBERLAND County. Erom a refusal of tbe petition, tbe informant, Evylin, appealed.
1Opinion of the CourtClabk, C. J.
Under tbe provisions of tbe Constitution, article IX, sec. 5, tbe “clear proceeds of all penalties and forfeitures of all fines” are, with other sources of revenue named in said section, appropriated to tbe school fund. “Penalties” are recoverable by civil action and from time immemorial accrue to tbe State only when tbe act creating them so directs. Tbe above section is in tbe article on “Education,” and was not intended as a restriction upon tbe immemorial legislative power to authorize qui tarn actions for penalties (and if so intended it would have been placed in article II of tbe…
2Cases cited10 opinions
- Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- Board of Education v. Town of HendersonSupreme Court of North Carolina · 1900
- State ex rel. Hodge v. Marietta & North Georgia RailroadSupreme Court of North Carolina · 1891
- School Directors v. City of AshevilleSupreme Court of North Carolina · 1905
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3Cited by17 opinions
- Holley v. Coggin Pontiac, Inc.Court of Appeals of North Carolina · 1979
- Shore v. EdmistenSupreme Court of North Carolina · 1976
- Board of Education v. Town of HendersonSupreme Court of North Carolina · 1900
- Cauble v. City of AshevilleSupreme Court of North Carolina · 1985
- School Directors v. . AshevilleSupreme Court of North Carolina · 1905
12 more not listed; retrieve them via the Exa API.