City of Raleigh v. Peace
Supreme Court of North Carolina
Civil action to recover of defendant an amount of money expended by the city for paving one-third of Fayetteville street in front of the lot owned by the defendant on said street, between Morgan and Martin streets, tried before Winston, J., at April Term, 1891, of Wake Superior Court.
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Civil action to recover of defendant an amount of money expended by the city for paving one-third of Fayetteville street in front of the lot owned by the defendant on said street, between Morgan and Martin streets, tried before Winston, J., at April Term, 1891, of Wake Superior Court. The following facts were agreed upon : 1. In the month of June, 1888, after notice to defendant, as provided in section 60, of the charter of said city, and in the ordinance named below', that he was required by an ordinance of the Board of Aldermen to have the street in front of his real property paved, and…
1Opinion of the Court
Shepherd, J:
While we are of the opiniou, for the reasons hereinafter stated, that the particular judgment rendered in this action cannot be sustained, yet, as the validity of the ordinance under which the assessment is made is drawn in question, and as it is of great importance that it should be passed upon by this Court, we deem it our duty to consider this and such other points that are presented in the record as may be necessary to an intelligent disposition of the present and perhaps other cases which may arise upon the subject.(1). The authority of the Legislature, either directly or…
2Cases cited19 opinions
- Motz v. City of DetroitMichigan Supreme Court · 1869
- Palmer v. StumphIndiana Supreme Court · 1868
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
- Neenan v. SmithSupreme Court of Missouri · 1872
- Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
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