Greer v. City of Asheville
Supreme Court of North Carolina
APPLICATION for mandamus, heard before Armfield, J., at August Term, 1893, of Buncombe Superior Court. It' being agreed by all parties thereto that the Court should find the facts and pass on the same without the intervention of a jury, his Honor found the following-facts, to-wit: “1. That the defendant, The City of Asheville, is a municipal corporation, chartered by an act of the General Assembly of North Carolina and certain acts amending the same, all of said acts being…
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APPLICATION for mandamus, heard before Armfield, J., at August Term, 1893, of Buncombe Superior Court. It' being agreed by all parties thereto that the Court should find the facts and pass on the same without the intervention of a jury, his Honor found the following-facts, to-wit: “1. That the defendant, The City of Asheville, is a municipal corporation, chartered by an act of the General Assembly of North Carolina and certain acts amending the same, all of said acts being hereby made a part of these findings of fact. “2. That on the third day of February, 1893, the plaintiff Avas duly…
1Opinion of the Court
Aveky, J.:
Unless the legislative intent to the contrary is made manifest either by the express terms of the statute or by necessary implication arising out of it, it will, as a rule, be held to operate prospectively only — never retroactively. Lowe v. Harris, 112 N. C., 489; Endlicb Inst. Stat., sects. 271 and 274; Sedgewick Stat. and Const. Law, p. 199 ; Southerland on Stat. Const., sec. 406; Endlich, supra, 271 and 525. There is no fact found in this case which takes it out of the general rule since the amendment to the charter was intended to affect the tenure of office not to alter the…
2Cited by15 opinions
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- Patterson v. Durham Hosiery MillsSupreme Court of North Carolina · 1939
- Hicks v. . KearneySupreme Court of North Carolina · 1925
- Bank v. . DerbySupreme Court of North Carolina · 1940
- Gillespie v. . AllisonSupreme Court of North Carolina · 1894
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