State v. . Freshwater
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., at February Term, 1922, of Alamance. Defendant was convicted of violation of an ordinance of tbe city of Burlington.
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Appeal by defendant from Kerr, J., at February Term, 1922, of Alamance. Defendant was convicted of violation of an ordinance of tbe city of Burlington. Tbe ordinance is as follows: “That tbe speed limit on all automobiles, motor cars, electric and steam vehicles of any and all kinds shall not exceed eight miles an hour over the streets in what is known as the-fire limits; and through and over any other streets of the city of Burlington the speed limit shall not exceed fifteen miles an hour; that in turning from one - street to another, the signal must be given, and that the mufflers on all…
1Opinion of the Court
Adams, J..
The ordinance is plainly in conflict with C. S., 2599 and 2618. Section 2601 inhibits the governing body of-a municipal corporation from passing any ordinance contrary to the provisions of the chapter in which these sections are found. But without regard to this statutory inhibition, the conflict would be fatal. Municipal ordinances are ordained for local purposes in the exercise of a delegated legislative function, and must harmonize with the general laws of the State. In case of conflict tbe ordinance must yield to tbe State law. Tbe motion to dismiss tbe action should therefore…
2Cases cited6 opinions
- Town of Washington v. . HammondSupreme Court of North Carolina · 1877
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . AustinSupreme Court of North Carolina · 1894
- State v. . KeithSupreme Court of North Carolina · 1886
- State v. . BlackSupreme Court of North Carolina · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Upchurch v. Hudson Funeral Home, Inc.Supreme Court of North Carolina · 1965
- Greene v. City of Winston-SalemSupreme Court of North Carolina · 1975
- In Re MarkhamSupreme Court of North Carolina · 1963
- Davis v. City of CharlotteSupreme Court of North Carolina · 1955
- State v. . SasseenSupreme Court of North Carolina · 1934
4 more not listed; retrieve them via the Exa API.