Legal Opinion

Sutton v. . Phillips

Supreme Court of North Carolina

Decided February 5, 1895PublishedCited by 38 opinions

Three actions were brought by the plaintiff, James 0. Sutton, against John R. Phillips, the defendant, to recover eighty dollars in each case for two penalties of forty dollars each, given by Sec. 3842 of The Oode\ “for selling and delivering by weights and measures not tried by the Standard, and for selling and delivering by less measures than the Standard” certain meats sold to the plaintiff; tried by a Justice of the Peace.

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Three actions were brought by the plaintiff, James 0. Sutton, against John R. Phillips, the defendant, to recover eighty dollars in each case for two penalties of forty dollars each, given by Sec. 3842 of The Oode\ “for selling and delivering by weights and measures not tried by the Standard, and for selling and delivering by less measures than the Standard” certain meats sold to the plaintiff; tried by a Justice of the Peace. There was no written complaint or answer further than the summons and the Justice’s return. The Justice rendered judgment in each case for $40 in favor of plaintiff,…

1Opinion of the Court

FAIRCLOTH, C. J., AND AVERY J., dissent. While the courts have the power, and it is their duty in proper cases to declare an act of the legislature unconstitutional it is a well recognized principle that the courts will not declare that this coordinate branch of the government has exceeded the powers vested in it unless it is plainly and clearly the case. If there is any reasonable doubt it will be resolved in favor of the lawful exercise of their powers by the representatives of the people.

For several reasons it is not clear that the act in question, which was not only reenacted since the…

2Cases cited9 opinions

  1. Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
  2. Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877
  3. Cole v. . LawsSupreme Court of North Carolina · 1889
  4. Keeter v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
  5. Whitehead v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882

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3Cited by38 opinions

  1. State v. . LuedersSupreme Court of North Carolina · 1938
  2. State v. . CaseySupreme Court of North Carolina · 1931
  3. State v. CaseySupreme Court of North Carolina · 1931
  4. State v. . HaySupreme Court of North Carolina · 1900
  5. State ex rel. Rodes v. WarnerSupreme Court of Missouri · 1906

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

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