Legal Opinion

State v. . Hay

Supreme Court of North Carolina

Decided March 20, 1900PublishedCited by 31 opinions

CeiMINau Prosegution tinder sec. 3820, of The Code, for violation of an ordinance of tbe town of Burlington, tried on appeal from the Mayor’s Court, before Brown, J., at November Term, 1899, of the Superior Court of Alamance County. The ordinance related to vaccination, and is as follows: North Carolina, Alamance County.

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CeiMINau Prosegution tinder sec. 3820, of The Code, for violation of an ordinance of tbe town of Burlington, tried on appeal from the Mayor’s Court, before Brown, J., at November Term, 1899, of the Superior Court of Alamance County. The ordinance related to vaccination, and is as follows: North Carolina, Alamance County. “That all citizens of Burlington not successfully vaccinated within the last three years shall be vaccinated between this date (March 13, 1899), and Friday night, March 17, instant-,, 9 o’clock p. m., and all persons refusing to be vaccinated shall b© fined $10 for every day…

1Opinion of the Court

NORTH CAROLINA, ALAMANCE COUNTY.

"That all citizens of Burlington not successfully vaccinated within the last three years shall be vaccinated between this date (13 March, 1899), and Friday night, 17 March, instant, 9 o'clock p. m., and all persons refusing to be vaccinated shall be fined $10 for every day they refuse, after being called upon by the doctors appointed, or imprisoned (1000) thirty days."

The defendant refused to be vaccinated for the reason that he had been advised and believed that it would be dangerous for him by reason of his physical condition.

In order to test the validity of…

2Cases cited4 opinions

  1. Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
  2. Morgan v. . StewartSupreme Court of North Carolina · 1907
  3. Sutton v. . PhillipsSupreme Court of North Carolina · 1895
  4. Morris v. City of ColumbusSupreme Court of Georgia · 1898

3Cited by31 opinions

  1. Matter of ViemeisterNew York Court of Appeals · 1904
  2. Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
  3. Commonwealth v. PearMassachusetts Supreme Judicial Court · 1903
  4. Durham Provision Co. v. DavesSupreme Court of North Carolina · 1925
  5. Morgan v. . StewartSupreme Court of North Carolina · 1907

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