Dunham v. Anders.
Supreme Court of North Carolina
ActioN by. the State on relation' of J. R. Dunham against W. K. Anders, heard by Judge Frederick Moore and a jury, at Spring Term, 1901, of Bladen County Superior Court.
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ActioN by. the State on relation' of J. R. Dunham against W. K. Anders, heard by Judge Frederick Moore and a jury, at Spring Term, 1901, of Bladen County Superior Court. This is an action originally brought before a Justice of the Peace to recover a penalty of two hundred dollars under the provisions of Article XIV, section 7, of the Constitution, and section 1870 of The Code. - The 3d paragraph of the complaint alleges: “That from the first Monday in July, 1897, up to and including tbe first Monday in April, 1898, tbe defendant exercised and performed tbe duties, powers and functions of both…
1Opinion of the Court
Doucüas, J.,
after stating the facts. The only point presented for our consideration is whether a plaintiff can by a Justice’s judgment, remaining unreversed, acquire such a vested right in the penalty as can not be taken from him by the Legislature.
Cooley in his work on Constitutional Limitations, says at page 443: “So, as before stated, a penalty given by statute may be taken, away by statute at any time before judgment is recovered.” But the same distinguished author says at page 443: “But a vested right of action is property in the same sense in which tangible things are property, and is…
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- Cannon v. . ParkerSupreme Court of North Carolina · 1879
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