State v. . Johnson
Supreme Court of North Carolina
CuiMixal action, tried before Boykin, at Spring Term, 1893, of Forhytii Superior Court, on appeal from the judgment of the Mayor of the city of Winston.
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CuiMixal action, tried before Boykin, at Spring Term, 1893, of Forhytii Superior Court, on appeal from the judgment of the Mayor of the city of Winston. A jury trial was waived, and the facts agreed are as follows : Defendant was occupying and controlling a two-story wooden frame house with brick basement, situated in the' city of Winston, within 1,000 feet of the Court Square, and about the 9th of December, 1892, the house was partially destroyed by fire; that on the 6th of January, 1893, the defendant made a contract with certain builders to have the house repaired at the cost of $490; the…
1Opinion of the Court
Avery, J.:
Municipal corporations are the creatures of the Legislature, and their powers may be curtailed, enlarged or withdrawn at the will of the creator, whose control over them is limited only by the restriction that no statute will be enforced which impairs the obligation of a contract, interferes with vested rights, or is in conflict with any provision of the organic law of the State or nation. It is too well settled to recapitulate, or even justify discussion, that towns certainly by virtue of an express grant of authority to do so, and according to most authorities by implication…
2Cases cited6 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Woodlawn Cemetery v. Inhabitants of EverettMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1874
- Village of Louisville v. WebsterIllinois Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. LawingSupreme Court of North Carolina · 1913
- City of Fayetteville v. Spur Distributing Co.Supreme Court of North Carolina · 1939
- State v. . HundleySupreme Court of North Carolina · 1928
- State v. StoweSupreme Court of North Carolina · 1925
- City of Shenandoah v. ReplogleSupreme Court of Iowa · 1924
2 more not listed; retrieve them via the Exa API.