Elizabeth City v. Banks
Supreme Court of North Carolina
ActioN tried before Guión, J., and a jury, at November Term, 1908, of Pasquotank. Tbe pleadings upon wbicb judgment was rendered disclose tbis case: On tbe application of defendant D. B. Banks, tbe plaintiff, a municipal corporation, duly chartered by tbe General Assembly of North Carolina, through its mayor and aider-men, on 19 June, 1905, undertook to grant to said Banks, by an ordinance duly passed, on 3 July, 1905, a franchise, extending thirty years, to construct in…
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ActioN tried before Guión, J., and a jury, at November Term, 1908, of Pasquotank. Tbe pleadings upon wbicb judgment was rendered disclose tbis case: On tbe application of defendant D. B. Banks, tbe plaintiff, a municipal corporation, duly chartered by tbe General Assembly of North Carolina, through its mayor and aider-men, on 19 June, 1905, undertook to grant to said Banks, by an ordinance duly passed, on 3 July, 1905, a franchise, extending thirty years, to construct in said town a gas plant for the purpose of furnishing gas, for light, fuel and power to the citizens of Elizabeth City. Said…
1Opinion of the Court
Connor, J.,
after stating the facts: The question which lies at the threshold of this case is whether, in the absence of any legislative authority, express or implied, the plaintiff, through its governing body, had any power to grant to the defendant Banks the franchise to use its streets in the manner set forth in the ordinance. It is conceded that, prior to the enactment of section 2916, subsection 6, of the Revisal, which became effective 1 August, 1905, no such power was conferred upon municipal corporations by the general statutes prescribing the powers of cities and towns. By that…
2Cases cited13 opinions
- Painter v. PainterOhio Supreme Court · 1849
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Norwich Gas Light Co. v. Norwich City Gas Co.Supreme Court of Connecticut · 1856
- White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Porsh Builders, Inc. v. City of Winston-SalemSupreme Court of North Carolina · 1981
- Town of Emerald Isle Ex Rel. Smith v. StateSupreme Court of North Carolina · 1987
- McLean v. KeithSupreme Court of North Carolina · 1952
- Shaw v. City of AshevilleSupreme Court of North Carolina · 1967
- Swinson v. Cutter Realty Co.Supreme Court of North Carolina · 1931
13 more not listed; retrieve them via the Exa API.