Legal Opinion

State v. . Stovall

Supreme Court of North Carolina

Decided February 5, 1889PublishedCited by 25 opinions

Indictment for selling liquors, tobacco, &c , within one-half mile of the fair grounds of the Roanoke and Tar River Agricultural Society, contrary to law, tried before Graves,,J.y at Spring Term, 1888, of the Superior Court of Halifax County.

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Indictment for selling liquors, tobacco, &c , within one-half mile of the fair grounds of the Roanoke and Tar River Agricultural Society, contrary to law, tried before Graves,,J.y at Spring Term, 1888, of the Superior Court of Halifax County. The jury rendered the foil uving special verdict: “ The Roanoke and Tar River Agricultural Society is a corporation, having been incorporated under the laws of North Carolina, chapter 88, Private Laws 1870-71, which said act of incorporation was amended by the act hereunto annexed and by chapter 33, Private Laws of 1887. All of said acts are made a part…

1Opinion of the CourtDavis, J.

(after stating the case). The defendant insists that the statute under which he is indicted is unconstitutional; that by the amendment in ch. 33, Private Acts of 1887, the Roanoke and Tar River Agricultural Society lost its original character and became a joint stock company, and the effect of the prohibitory section is to confer upon the association privileges denied to individuals, and is therefore in violation of Art. I, sec. 7, of the Constitution, which declares that “ no man or set of men are entitled to exclusive or separate emoluments or privileges from the community, but in…

2Cases cited3 opinions

  1. Phelps v. . RaceyNew York Court of Appeals · 1875
  2. State v. . JoynerSupreme Court of North Carolina · 1879
  3. W. O. Muller & Co. v. Commissioners of Buncombe CountySupreme Court of North Carolina · 1883

3Cited by25 opinions

  1. State v. . MooreSupreme Court of North Carolina · 1889
  2. State v. Barrett.Supreme Court of North Carolina · 1905
  3. State v. . TenantSupreme Court of North Carolina · 1892
  4. Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
  5. State v. . DixonSupreme Court of North Carolina · 1939

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