State ex rel. Hodge v. Marietta & North Georgia Railroad
Supreme Court of North Carolina
Civil action, tried before MacBae, J, at April Term, 1890, of Wake Superior Court. The defendant failed to make the annual- report to the Governor required by the statute (The Code, §1959) for the year ending the 30th day of September, 1888. The relator brought this action in the name of the State to recover the penalty of $500 prescribed and allowed by the statute (The Code, § 1960) in case of such failure.
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Civil action, tried before MacBae, J, at April Term, 1890, of Wake Superior Court. The defendant failed to make the annual- report to the Governor required by the statute (The Code, §1959) for the year ending the 30th day of September, 1888. The relator brought this action in the name of the State to recover the penalty of $500 prescribed and allowed by the statute (The Code, § 1960) in case of such failure. The defendant demurred to the complaint, and assigned as grounds of demurrer— “1. That said complaint does not state facts sufficient to constitute a cause of action, in this: That upon…
1Opinion of the Court
Clakic, J.:
We concur in the conclusion reached by the learned Judge who tried this cause below.
The statute prescribing the penalty sued for in this action (The Code,§1960) is as follows: “Any such corporation (railroad) which shall neglect to make the report as provided in the preceding section (1959) shall be liable to a penalty of five hundred dollars, to be sued for in the name of the State of North Carolina in the Superior Court of Wake County.” The Constitution, Art. 9, §5, provides that “the clear proceeds of all penalties and foil'eitures,” &c., shall be “faithfully appropriated for…
2Cases cited4 opinions
- Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
- Grant v. . RogersSupreme Court of North Carolina · 1886
- Netherton v. . CandlerSupreme Court of North Carolina · 1878
3Cited by16 opinions
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- North Carolina School Boards Ass'n v. MooreSupreme Court of North Carolina · 2005
- Shore v. EdmistenSupreme Court of North Carolina · 1976
- Mussallam v. MussallamSupreme Court of North Carolina · 1988
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