Plymouth v. Cooper.
Supreme Court of North Carolina
AotioN by tbe Town of Plymouth against W. D. Cooper, heard by Judge W. B. Council, at Pall Term, 1903, of the Superior Court of Washington County.
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AotioN by tbe Town of Plymouth against W. D. Cooper, heard by Judge W. B. Council, at Pall Term, 1903, of the Superior Court of Washington County. This action comes up on a special verdict, of which the following are the material parts: That on July 20, 1903, and for many years prior thereto, the defendant was and had been and still is a resident of Eoper, N. C., a village nine miles from Plymouth, N. O. That said defendant was on said July 20, 1903, engaged in livery business at Roper, N. C., having obtained from the county and State the license required by law. That several days prior to…
1Opinion of the Court
Douglas, J.,
after stating the case. We are of opinion that upon the special verdict the defendant was entitled to a judgment of not guilty, inasmuch as the town commissioners did not have the power to pass the ordinance, and that the *3ordinance is unreasonable. We refer to that part of the ordinance under which the defendant is convicted and which includes among those taxed for the privilege of doing a livery business “any person carrying any person with a vehicle out of the town for hire.” This is the only question before us. It is found that the defendant is a resident of the village of…
2Cases cited3 opinions
- Board of Commissioners v. TaylorSupreme Court of North Carolina · 1888
- Latta v. . WilliamsSupreme Court of North Carolina · 1882
- State v. Ninestein.Supreme Court of North Carolina · 1903