(a) The action provided for in this Chapter shall be set down for trial at the first term of the court and shall have precedence over all other cases except crimes, election contests, or injunctions.
(b) In such action, an admission or finding of guilt of any person under the criminal laws against lewdness, assignation, prostitution, gambling, breaches of the peace, the illegal possession or sale of alcoholic beverages, or the illegal possession or sale of substances proscribed by the North Carolina Controlled Substances Act, at any such place, is admissible for the purpose of proving the existence of said nuisance, and is evidence of such nuisance and of knowledge of, and of acquiescence and participation therein, on the part of the person charged with maintaining said nuisance.
(c) At all hearings upon the merits, evidence of the general reputation of the building or place constituting the alleged nuisance, of the inmates thereof, and of those resorting thereto, is admissible for the purpose of proving the existence of such nuisance. (Pub. Loc. 1913, c. 761, s. 27; 1919, c. 288; C.S., s. 3182; 1971, c. 528, s. 6; 1973, c. 47, s. 2; 1977, c. 819, s. 5; 1981, c. 412, s. 4; c. 747, s. 66; 1999-371, s. 8.)
Notes of Decisions
State Ex Rel. Gilchrist v. Hurley, 269 S.E.2d 646 (N.C. Ct. App. 1980).
· cites it 2× “They argue first that section 19-3(c) which allows the admission into evidence of the general reputation of the building or place allegedly constituting a nuisance “permits an unconstitutional taking of property in a trial by rumor, hearsay, and innuendo,” and denies them their…”
Howell v. Fisher, 272 S.E.2d 19 (N.C. Ct. App. 1980).
“Civil Practice and Procedure § 19-3 (1975); 3A Moore’s Federal Practice ¶ 19.”
City of Raleigh v. Coll. Campus Apts., Inc., 380 S.E.2d 163 (N.C. Ct. App. 1989).
· cites it 2× “§ 1A-1, Rule 19(a) (1988); Shuford, § 19-3 at 173. Plaintiff could have amended its complaint instead of taking a dismissal.”
Barber v. Constien, 502 S.E.2d 912 (N.C. Ct. App. 1998).
“nature, unforeseeable in character, in order to relieve the original wrongdoer of liability to the ultimate victim”) (emphasis added) and David A.”
State Ex Rel. Jacobs v. Sherard, 243 S.E.2d 184 (N.C. Ct. App. 1978).
“G.S. 19-3. The case sub judice is based on the allegation that the dwelling house was being used and operated by defendants as' a place to sell tax paid whiskey.”
State Ex Rel. Gilchrist v. Cogdill, 327 S.E.2d 647 (N.C. Ct. App. 1985).
· cites it 2× “Evidence of defendant’s conviction is admissible at trial under G.S. 19-3(b) which provides, in pertinent part: [A]n admission or finding of guilt of any person under the criminal laws against lewdness, assignation, prostitution .”
Fehlhaber v. State of North Carolina, 445 F. Supp. 130 (E.D.N.C. 1978).
· cites it 2× “Section 19-3 of the statute awards the permanent hearing priority on the docket over virtually all other civil matters; if the existence of a nuisance is established, the court is directed to enter an order of abatement to “perpetually enjoin the defendant and any other person…”
State v. Tessnear, 144 S.E.2d 43 (N.C. 1965).
“Therefore, G.S. 19-3, which makes evidence of the general reputation of the place admissible for the purpose of proving the nuisance is not applicable.”
Dep't of Transp. v. Coleman, 489 S.E.2d 187 (N.C. Ct. App. 1997).
“, Webster’s Real Estate Law in North Carolina § 19-3, at 818 (referring to a Chapter 136 condemnation as a “quick take” condemnation).”
— N.C. Gen. Stat. § 19-3(M) — 1 case
Barber v. Constien, 502 S.E.2d 912 (N.C. Ct. App. 1998).
“nature, unforeseeable in character, in order to relieve the original wrongdoer of liability to the ultimate victim”) (emphasis added) and David A.”
— N.C. Gen. Stat. § 19-3(b) — 1 case
State Ex Rel. Gilchrist v. Cogdill, 327 S.E.2d 647 (N.C. Ct. App. 1985).
“Evidence of defendant’s conviction is admissible at trial under G.S. 19-3(b) which provides, in pertinent part: [A]n admission or finding of guilt of any person under the criminal laws against lewdness, assignation, prostitution .”
— N.C. Gen. Stat. § 19-3(c) — 1 case
State Ex Rel. Gilchrist v. Hurley, 269 S.E.2d 646 (N.C. Ct. App. 1980).
“They argue first that section 19-3(c) which allows the admission into evidence of the general reputation of the building or place allegedly constituting a nuisance “permits an unconstitutional taking of property in a trial by rumor, hearsay, and innuendo,” and denies them their…”
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