Waynesville v. Satterthwait
Supreme Court of North Carolina
ActioN by the town of Waynesville and others against S. O. Satterthwait and others, heard by Judge G. 8. Ferguson, at chambers, in Waynesville, N. C., August 2, 1904. Appeal by plaintiffs from an .order of Ferguson, Judge, dissolving a restraining order and refusing an injunction to the hearing. The plaintiff, the town of Waynesville, is situated in Waynesville township, Haywood County. The court-house is located in said town.
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ActioN by the town of Waynesville and others against S. O. Satterthwait and others, heard by Judge G. 8. Ferguson, at chambers, in Waynesville, N. C., August 2, 1904. Appeal by plaintiffs from an .order of Ferguson, Judge, dissolving a restraining order and refusing an injunction to the hearing. The plaintiff, the town of Waynesville, is situated in Waynesville township, Haywood County. The court-house is located in said town. By the provisions of sec. 16, chap. 127, Private Laws of 1885, being the amended charter of said town, the board of aldermen are empowered to lay off, widen and…
1Concurrence
Douglas, L,
concurring. I concur in tbe opinion of tbe Court as written by Justice Connor, on tbe ground that it does not appear to me that tbe Legislature intended to create a divided sovereignty, or imperium in imperio, within tbe town of Waynesville. My opinion is based entirely upon tbe intention of tbe Legislature, and not upon its power. A different interpretation might raise serious constitutional questions. Tbe power of tbe Legislature to grant charters to cities and towns, and to modify or repeal them at its pleasure, within constitutional limitations, is not questioned; but to what…
2Cases cited1 opinion
- State v. . DicksonSupreme Court of North Carolina · 1899