Legal Opinion

Wardens St. Peter's Episcopal Church v. Town of Washington

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 30 opinions

Civil actioN, tried on complaint and demurrer at Spring Term, 1891, of Beaufort Superior Court, Bryan, J., presiding. The ordinance in question was as follows: “Ordinance XXXIII. — No interment of the dead shall be made within the corporate limits of the town of Washington, N. C., nor shall the Clerk issue the permit for any such burial; nor shall the body'of any person dying within the corporate limits of the town be removed therefrom without a permit from the Town Clerk,…

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Civil actioN, tried on complaint and demurrer at Spring Term, 1891, of Beaufort Superior Court, Bryan, J., presiding. The ordinance in question was as follows: “Ordinance XXXIII. — No interment of the dead shall be made within the corporate limits of the town of Washington, N. C., nor shall the Clerk issue the permit for any such burial; nor shall the body'of any person dying within the corporate limits of the town be removed therefrom without a permit from the Town Clerk, and no permit shall be given by the Clerk where there has been an attending physician without a certificate from said…

1Opinion of the Court

Claek, J.:

The plaintiffs in this action seek to have a town ordinance declared void, and an injunction against enforcing the same. The ordinance in question had been authorized in terms by an act of the Legislature (1876-77, Pr. Acts, ch. 34), and has since been recited and declared “valid and legal” by two Acts, Pr. Laws 1891, chaps. 110 and 223.

It is unnecessary, however, that we pass upon the question debated before us as to the power of the Legislature to authorize or to validate the ordinance in the exercise of the police power inherent in the State, for we have an express authority, if…

2Cases cited3 opinions

  1. Busbee v. . MacYSupreme Court of North Carolina · 1881
  2. Busbee v. . LewisSupreme Court of North Carolina · 1881
  3. Pearson v. . BoydenSupreme Court of North Carolina · 1882

3Cited by30 opinions

  1. State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
  2. Kelly v. ConnerTennessee Supreme Court · 1909
  3. Boseman v. JarrellSupreme Court of North Carolina · 2010
  4. City of Lynchburg v. PetersSupreme Court of Virginia · 1926
  5. State v. . R. R.Supreme Court of North Carolina · 1907

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