Smithwick v. . Williams
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Martin County, at the Spring Term, 1848, his Honor Judge Caldwell presiding. The action is debt for a penalty of @20, for refusing to serve in the office of Warden of the Poor, to which the defendant was elected by the County Court of Martin, at April term, 1847. Many objections to the recovery were taken for the defendant; among which was one, that the defendant, having been elected under the Act of 1846, c. 64, was not liable to a…
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Appeal from the Superior Court of Law of Martin County, at the Spring Term, 1848, his Honor Judge Caldwell presiding. The action is debt for a penalty of @20, for refusing to serve in the office of Warden of the Poor, to which the defendant was elected by the County Court of Martin, at April term, 1847. Many objections to the recovery were taken for the defendant; among which was one, that the defendant, having been elected under the Act of 1846, c. 64, was not liable to a penalty. A verdict was taken for the plaintiff subject to the opinion of the Court on that and other points of law. The…
1Opinion of the CourtRuffin, C. J.
Without adverting to any other of the-points reserved, the Court deems the judgment erroneous, upon the ground, that no statute imposes a penalty on the defendant. That of 1846, under which he was elected by the County Court, gives none. The case then depends on the previous Acts. Up to 1846, Wardens of the Poor were elected by the freemen of each County; and, in case any so chosen refused to serve, or died or removed, others were appointed in their stead by those who did act — as provided in the Acts of 1777 c. 117, and 1783 c. 191. The former required overseers of the Poor to elect two of…
2Cited by9 opinions
- Skinner v. ThomasSupreme Court of North Carolina · 1916
- State v. . HeathSupreme Court of North Carolina · 1930
- State v. . MitchellSupreme Court of North Carolina · 1940
- Skinner v. . ThomasSupreme Court of North Carolina · 1916
- State v. MitchellSupreme Court of North Carolina · 1940
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