State v. . Earnhardt
Supreme Court of North Carolina
This was an indictment for violation of an ordinance of the town of Lenoir, instituted by warrant of the Mayor, and tried on appeal, at the Fall Term, 1890, of the Superior Court of Caldwell County, before Merrimon, J. The ordinance provided that any person or persons who shall, within the limits of the town of Lenoir, be guilty of using any abusive or indecent language, cursing, swearing, or any loud or boisterous talking, hollowing, or of any other disorderly conduct,…
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This was an indictment for violation of an ordinance of the town of Lenoir, instituted by warrant of the Mayor, and tried on appeal, at the Fall Term, 1890, of the Superior Court of Caldwell County, before Merrimon, J. The ordinance provided that any person or persons who shall, within the limits of the town of Lenoir, be guilty of using any abusive or indecent language, cursing, swearing, or any loud or boisterous talking, hollowing, or of any other disorderly conduct, shall be arrested and fined not less than twenty-five dollars upon conviction thereof. It was admitted that the testimony…
1Opinion of the CourtAvery, J.
after stating the facts: We think that an ordinance which forbids the use of “abusive or indecent language, cursing, swearing or any loud or boisterous talking, hollowing or any other disorderly conduct” within the corporate limits of a town, and imposes a fine of twenty-five dollars for a violation of it, may be enacted by its proper authorities under the powers granted to them in the general law, especially section 3802 of The Code, and that such an ordinance is reasonable. State v. Cainan, 94 N. C., 883; State v. McNinch, 87 N. C., 567; State v. Merritt, 83 N. C., 677.
But the ordinance…
2Cases cited6 opinions
- State v. CantienySupreme Court of Minnesota · 1885
- Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872
- State v. . HunterSupreme Court of North Carolina · 1890
- State v. . MerrittSupreme Court of North Carolina · 1880
- State v. . McNinchSupreme Court of North Carolina · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. . StevensSupreme Court of North Carolina · 1894
- Board of Education v. Town of HendersonSupreme Court of North Carolina · 1900
- State v. . VanhookSupreme Court of North Carolina · 1921
- State v. . MedlinSupreme Court of North Carolina · 1915
- Commonwealth v. SchaefferSuperior Court of Pennsylvania · 1929