Legal Opinion

American Equitable Assurance Co. of NY v. Gold

Supreme Court of North Carolina

Decided January 28, 1959No. 459PublishedCited by 22 opinions

1Opinion of the CourtRodmaN, J.

Plaintiffs assert the statute in question violates both the State and Federal Constitutions in that it levies a tax not uniform in its application and denies to them the equal protection and due process of law.

When called upon to pass on the constitutionality of a statute, it is assumed that the Legislature has not trespassed on forbidden territory delineated by the people by constitutional restrictions. Every presumption favors the validity of a statute. It will not be declared invalid unless its unconstitutionality be determined beyond reasonable doubt. These principles have been enunciated…

2Cases cited18 opinions

  1. Gatlin v. Town of TarboroSupreme Court of North Carolina · 1878
  2. Leonard v. MaxwellSupreme Court of North Carolina · 1939
  3. Roller v. AllenSupreme Court of North Carolina · 1957
  4. City of Greensboro v. WallSupreme Court of North Carolina · 1958
  5. Board of Managers of the James Walker Memorial Hospital v. City of WilmingtonSupreme Court of North Carolina · 1953

13 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Great American Insurance Company v. GoldSupreme Court of North Carolina · 1961
  2. Baker v. MartinSupreme Court of North Carolina · 1991
  3. Piedmont Canteen Service, Inc. v. JohnsonSupreme Court of North Carolina · 1962
  4. Gardner v. City of ReidsvilleSupreme Court of North Carolina · 1967
  5. Great American Insurance Company v. JohnsonSupreme Court of North Carolina · 1962

17 more not listed; retrieve them via the Exa API.

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