State v. . Davis
Supreme Court of North Carolina
CRIMINAL action, tried before Ferguson, J., and a jury, at January Term, 1916, of Cherokee. This, is a prosecution for a violation of an ordinance of the town of Andrews, tried in the Superior Court on appeal, where the following special verdict was returned by the jury and judgment was pronounced thereon: “That the town of Andrews was duly chartered by the General Assembly of North Carolina in the year of 1905; that the mayor of said town is constituted an official court…
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CRIMINAL action, tried before Ferguson, J., and a jury, at January Term, 1916, of Cherokee. This, is a prosecution for a violation of an ordinance of the town of Andrews, tried in the Superior Court on appeal, where the following special verdict was returned by the jury and judgment was pronounced thereon: “That the town of Andrews was duly chartered by the General Assembly of North Carolina in the year of 1905; that the mayor of said town is constituted an official court with the power to enforce the ordinances of said town. That the charter of the town of Andrews contains the following…
1Opinion of the CourtAlleN, J.
The question which is very fully discussed in the briefs and upon which his Honor rested his decision, that the two ordinances set out in the verdict, when considered together, operate as an unlawful discrimination between persons engaged in the same business, does not arise, as the first ordinance deals only with keepers of drug stores, and the second with the keepers of restaurants, cafés, and lunch stands.
These are distinct and easily severable occupations, and there is no finding that those engaged in them come in competition with each other.
The ordinance, however, relating to druggists…
2Cases cited11 opinions
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- People v. . HavnorNew York Court of Appeals · 1896
- Thelsen v. McDavidSupreme Court of Florida · 1894
- Commonwealth v. HasMassachusetts Supreme Judicial Court · 1877
- People v. BelletMichigan Supreme Court · 1894
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3Cited by12 opinions
- State v. TranthamSupreme Court of North Carolina · 1949
- State v. McGeeSupreme Court of North Carolina · 1953
- State v. TowerySupreme Court of North Carolina · 1954
- Bizzell Ex Rel. Bizzell v. Board of AldermenSupreme Court of North Carolina · 1926
- Clark's Charlotte, Inc. v. HunterSupreme Court of North Carolina · 1964
7 more not listed; retrieve them via the Exa API.