State v. . Smith
Supreme Court of North Carolina
This was an appeal from the j udgment of Hon. Edward Ha/ntweTl, professing to act therein as Judge of a Special Court for the city oí Wilmington. The defendant was tried by Edward Cantwell on the 12th. •day of June, 1871, on the charge of assault and battery, Mr Cantwell claiming to have the right to try him by virtue of of his office of Judge for the Special Court for the city of Wilmington.
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This was an appeal from the j udgment of Hon. Edward Ha/ntweTl, professing to act therein as Judge of a Special Court for the city oí Wilmington. The defendant was tried by Edward Cantwell on the 12th. •day of June, 1871, on the charge of assault and battery, Mr Cantwell claiming to have the right to try him by virtue of of his office of Judge for the Special Court for the city of Wilmington. The transcript showed that the defendant by plea denied the j urisdiction and existence of said Court, and the •office and power of Mr. Cantwell as asserted, but his plea was overruled, and after hearing…
1Opinion of the CourtPearson, C. J.
This case was filed after State v. Walker had been decided. In that case a preliminary point excluded a decision of the question, whether the General Assembly, in 1870, had power to abolish the Special Court established in the city of Wilmington by the Act of 1868. In this case, a determination of the question becomes necessary for the purpose of this decision; and we must decide it in a collateral way, although it would have been more in accord with the course of the Court, to have had it presented directly, in a proceeding in the name of the Attorney General, in the nature of a quo warranto…
2Cited by8 opinions
- Ford v. Board of State Harbor CommissionersCalifornia Supreme Court · 1889
- State Prison of N. C. v. DaySupreme Court of North Carolina · 1899
- State Ex Rel. Greene v. OwenSupreme Court of North Carolina · 1899
- Oldham v. Mayor of BirminghamSupreme Court of Alabama · 1893
- Day's CaseSupreme Court of North Carolina · 1899
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