Hughes v. Commissioners of Craven County
Supreme Court of North Carolina
This was a civil ACTION, tried before Womack, J., at February Term, 1890, of Craven Superior Court, on the complaint and demurrer thereto ore terms, with motion by the defendant to dismiss the action. .Motion allowed and judgment that the action be dismissed and against plaintiff for costs, from which judgment the plaintiff appealed.
Read the full summary
This was a civil ACTION, tried before Womack, J., at February Term, 1890, of Craven Superior Court, on the complaint and demurrer thereto ore terms, with motion by the defendant to dismiss the action. .Motion allowed and judgment that the action be dismissed and against plaintiff for costs, from which judgment the plaintiff appealed. The plaintiff alleged in his complaint— 1. That at the May Term, A. D. 1886, one Joseph Nelson, in an action properly instituted and prosecuted in the Superior Court of said Craven County, recovered a judgment against the defendant — the Board of Commissioners of…
1Opinion of the CourtAvery, J.
after stating the facts: A municipal corporation exercises governmental duties under the powers dele gated to it by the sovereign State, and cannot be destroyed or deprived nf capacity to subserve the public purposes for which it was brought into existence, except by its creator. Hence it has been held that the Congress of the United States could not pass a law levying a tax on the revenues or income of a town or city within one of the States, because the right to impose such a tax would involve the power to cripple or destroy the corporation, and would be as much a usurpation as levying a…
2Cases cited13 opinions
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Brown v. GatesWest Virginia Supreme Court · 1879
- Gooch v. . McGeeSupreme Court of North Carolina · 1880
- Holladay v. FrisbieCalifornia Supreme Court · 1860
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Bass v. Roanoke Navigation & Waterpower Co.Supreme Court of North Carolina · 1892
- O'berry, State Treasurer v. . Mecklenburg CountySupreme Court of North Carolina · 1930
- Town of Durham v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
12 more not listed; retrieve them via the Exa API.