Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 North Carolina opinions name it 2 courts 1924–1976 0 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in North Carolina. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Road Commissioners v. County Commissioners
neutral
2 sentences1940That it is prohibited under tbe general State statute, as follows: “And no county or municipality shall levy any license or privilege iax •upon the use of any motor vehicle licensed by the State of North Carolina.” And in the repealing clause, “All laws and clauses of laws in conflict ... or providing otherwise are repealed.” In Comrs. v. Comrs., 186 N. C., 202 (204), it is written: “And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and ‘where this is free from ambiguity 1940That it is prohibited under the *Page 354 general State statute, as follows: "And no county or municipality shall levy any license or privilege tax upon the use of any motor vehicle licensed by the State of North Carolina." And in the repealing clause, "All laws and clauses of laws in conflict . . . or providing otherwise are repealed." In Comrs. v. Comrs. , 186 N.C. 202 (204), it is written: "And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and `where this is free from | 4 | 1940–1976 |
State v. . Beacham
neutral
2 sentences1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void,” citing Trustees v. Webb, 155 N. C., 379 ; S. v. Beacham, 125 N. C., 652 ; Shaw v. Kennedy, 4 N. C., 591 ; 19 R. 1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void," citing Trustees v. Webb , 155 N.C. 379 ; S. v. Beacham , 125 N.C. 652 ; Shaw v. Kennedy , 4 N.C. 591 ; 19 R.C.L., 803, and cases cited. | 2 | 1940–1940 |
Hammond v. City of Charlotte
green
2 sentences1940Hammond v. Charlotte, 205 N. C., 469 , 171 S. E., 612 . 1940Hammond v. Charlotte, 205 N. C., 469 , 171 S. E., 612 . | 2 | 1940–1940 |
State v. . Prevo
green
2 sentences1940That it is prohibited under tbe general State statute, as follows: “And no county or municipality shall levy any license or privilege iax •upon the use of any motor vehicle licensed by the State of North Carolina.” And in the repealing clause, “All laws and clauses of laws in conflict ... or providing otherwise are repealed.” In Comrs. v. Comrs., 186 N. C., 202 (204), it is written: “And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and ‘where this is free from ambiguity 1940That it is prohibited under the *Page 354 general State statute, as follows: "And no county or municipality shall levy any license or privilege tax upon the use of any motor vehicle licensed by the State of North Carolina." And in the repealing clause, "All laws and clauses of laws in conflict . . . or providing otherwise are repealed." In Comrs. v. Comrs. , 186 N.C. 202 (204), it is written: "And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and `where this is free from | 2 | 1940–1940 |
In Re Applicants for License
green
2 sentences1940That it is prohibited under tbe general State statute, as follows: “And no county or municipality shall levy any license or privilege iax •upon the use of any motor vehicle licensed by the State of North Carolina.” And in the repealing clause, “All laws and clauses of laws in conflict ... or providing otherwise are repealed.” In Comrs. v. Comrs., 186 N. C., 202 (204), it is written: “And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and ‘where this is free from ambiguity 1940That it is prohibited under the *Page 354 general State statute, as follows: "And no county or municipality shall levy any license or privilege tax upon the use of any motor vehicle licensed by the State of North Carolina." And in the repealing clause, "All laws and clauses of laws in conflict . . . or providing otherwise are repealed." In Comrs. v. Comrs. , 186 N.C. 202 (204), it is written: "And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and `where this is free from | 2 | 1940–1940 |
Shaw v. . Kennedy
green
2 sentences1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void,” citing Trustees v. Webb, 155 N. C., 379 ; S. v. Beacham, 125 N. C., 652 ; Shaw v. Kennedy, 4 N. C., 591 ; 19 R. 1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void," citing Trustees v. Webb , 155 N.C. 379 ; S. v. Beacham , 125 N.C. 652 ; Shaw v. Kennedy , 4 N.C. 591 ; 19 R.C.L., 803, and cases cited. | 2 | 1940–1940 |
State v. . Fink
neutral
2 sentences1940The question raised in this case, we think, is settled in S. v. Fink, 179 N. C., 712 (715-16). 1940The question raised in this case, we think, is settled in S. v. Fink , 179 N.C. 712 (715-16). | 2 | 1940–1940 |
Kearney v. . Vann
green
2 sentences1940That it is prohibited under tbe general State statute, as follows: “And no county or municipality shall levy any license or privilege iax •upon the use of any motor vehicle licensed by the State of North Carolina.” And in the repealing clause, “All laws and clauses of laws in conflict ... or providing otherwise are repealed.” In Comrs. v. Comrs., 186 N. C., 202 (204), it is written: “And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and ‘where this is free from ambiguity 1940That it is prohibited under the *Page 354 general State statute, as follows: "And no county or municipality shall levy any license or privilege tax upon the use of any motor vehicle licensed by the State of North Carolina." And in the repealing clause, "All laws and clauses of laws in conflict . . . or providing otherwise are repealed." In Comrs. v. Comrs. , 186 N.C. 202 (204), it is written: "And in determining whether there is a repugnancy, it is the approved rule here and elsewhere that the intent of the Legislature must be sought primarily in the language used, and `where this is free from | 2 | 1940–1940 |
Board of Trustees v. Webb
green
2 sentences1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void,” citing Trustees v. Webb, 155 N. C., 379 ; S. v. Beacham, 125 N. C., 652 ; Shaw v. Kennedy, 4 N. C., 591 ; 19 R. 1940And it is uniformly held that a town ordinance in violation of a valid State statute appertaining to the question is void," citing Trustees v. Webb , 155 N.C. 379 ; S. v. Beacham , 125 N.C. 652 ; Shaw v. Kennedy , 4 N.C. 591 ; 19 R.C.L., 803, and cases cited. | 2 | 1940–1940 |
Johnson v. . Roberson
green
2 sentences1957Johnson v. Roberson, 171 N.C. 194 , 88 S.E. 231 ; Commrs. v. Commrs., 186 N.C. 202 , 119 S.E. 206 ; Spaugh v. Charlotte, 239 N.C. 149 , 79 S.E. 2d 748 . 1957Johnson v. Roberson, 171 N.C. 194 , 88 S.E. 231 ; Commrs. v. Commrs., 186 N.C. 202 , 119 S.E. 206 ; Spaugh v. Charlotte, 239 N.C. 149 , 79 S.E. 2d 748 . | 1 | 1957–1957 |
Spaugh v. City of Charlotte
green
2 sentences1957Johnson v. Roberson, 171 N.C. 194 , 88 S.E. 231 ; Commrs. v. Commrs., 186 N.C. 202 , 119 S.E. 206 ; Spaugh v. Charlotte, 239 N.C. 149 , 79 S.E. 2d 748 . 1957Johnson v. Roberson, 171 N.C. 194 , 88 S.E. 231 ; Commrs. v. Commrs., 186 N.C. 202 , 119 S.E. 206 ; Spaugh v. Charlotte, 239 N.C. 149 , 79 S.E. 2d 748 . | 1 | 1957–1957 |
Rodgers v. United States
green
1 sentence1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction. | 1 | 1948–1948 |
Alexander v. . Lowrance
neutral
1 sentence1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction. | 1 | 1948–1948 |
Wilson v. Board of Commissioners
neutral
1 sentence1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction. | 1 | 1948–1948 |
Bramham v. City of Durham
neutral
1 sentence1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction. | 1 | 1948–1948 |
Cecil v. City of High Point
green
1 sentence1948Rogers v. U. 8., 185 U. S., 83 ; Wilson v. Comrs., 183 N. C., 638 ; Alexander v. Lowrance, 182 N. C., 642 ; Bramham v. Durham, 171 N. C., 196 ; S. v. Johnson, 170 N. C., 688 ; Cecil v. High Point, 165 N. C., 431 ; School Comrs. v. Aldermen, 158 N. C., 197 .’” Certainly if the legislative intent were sufficiently clear the general statute would prevail without a repealing clause; but repeal by implication is not favored and we do not find that the legislative intent justifies that construction. | 1 | 1948–1948 |
Hartsfield v. . Craven County
green
1 sentence1928The statement in Hartsfield v. Craven County, 194 N. C., 358 , in regard to the effect of this repealing clause on the local act referred to therein must be considered in connection with the facts in that ease. | 1 | 1928–1928 |
Lee v. . Lee
neutral
1 sentence1926It may be tbat tbe plaintiff in this action has been greatly wronged and humiliated by tbe. unlawful shedding of blood done by her husband; but, as stated by tbe late Chief Justice Clark in tbe case of Lee v. Lee, supra, “With us the law-making power has adhered to tbe obligation of tbe marriage vow, tbat tbe parties ‘take each other for better or for worse, to live together in sickness and in health till death do them part/ with tbe exceptions only where tbe misconduct of tbe parties, and not their misfortunes, are made, by our statute to justify tbe divorce.” Upon the record, we bold tbat tb | 1 | 1926–1926 |
Felmet v. . Commissioners
green
1 sentence1924S. v. Woodside, 31 N. C., 500 ; Black’s Law Dictionary.” In chapter 136, Public Laws 1923, sec. 378, the repealing clause is as follows: “All laws and clauses of laws, including all acts passed by the General Assembly of one thousand nine hundred and twenty-three in conflict with this act are hereby repealed.” We do not think the position here taken disturbs the principle laid down in Felmet v. Comrs., 186 N. C., 251 . | 1 | 1924–1924 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.