State v. Clay
Supreme Court of North Carolina
CRIMINAL action, for the violation of a town ordinance, tried before Brown, A warrant was issued by the mayor of the town of Marion upon the following complaint, sworn to by J. M. Patton, the marshal of the town : “ That J. L. Clay did, on the 12th day of October, 1895, abuse J. M. Patton by calling him a coward and challenging him to enter into a fight, (the said J. M. Patton being marshal of the town of Marion, N. C., and in the execution of his office at that time,) in…
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CRIMINAL action, for the violation of a town ordinance, tried before Brown, A warrant was issued by the mayor of the town of Marion upon the following complaint, sworn to by J. M. Patton, the marshal of the town : “ That J. L. Clay did, on the 12th day of October, 1895, abuse J. M. Patton by calling him a coward and challenging him to enter into a fight, (the said J. M. Patton being marshal of the town of Marion, N. C., and in the execution of his office at that time,) in violation of ordinance Section 24 of the ordinances in force in the said town of Marion, N. C., contrary to the statute in…
1Opinion of the Court
Faircloth, C. J.:
The authority to adopt ordinance No. 24 depends upon The Gode, Section 3799, which reads: “ They (the commissioners) shall have power to make such by-laws, rules and regulations for the better government of the town, as they may deem necessary; provided the same be not inconsistent with this chapter or the laws of the land.” Upon reflection, and upon a fair construction, we do not think it was in the mind of the Legislature to confer jurisdiction on the commissioners to such an extraordinary extent, and upon such facts as are disclosed in this record, and we think the…
2Cases cited1 opinion
- State v. . HorneSupreme Court of North Carolina · 1894
3Cited by1 opinion
- Edgerton v. Goldsboro Water Co.Supreme Court of North Carolina · 1900