{
  "id": 8683745,
  "name": "JAMES McLIN v. CITY OF NEWBERN",
  "name_abbreviation": "McLin v. City of Newbern",
  "decision_date": "1874-01",
  "docket_number": "",
  "first_page": "12",
  "last_page": "14",
  "citations": [
    {
      "type": "official",
      "cite": "70 N.C. 12"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:2e9f9df2a2c54ec4",
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  "last_updated": "2023-07-14T15:53:06.826178+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JAMES McLIN v. CITY OF NEWBERN."
    ],
    "opinions": [
      {
        "text": "Bystum:, J.\nThis case is governed by that of Smith v. the city of Newbern, decided at the present term of this Court.\nIn a city of the commercial character and population of Newbern, it would be difficult and extremely inconvenient duly and efficiently to administer the public powers and ordinances of the corporation without the aid and benefit of a guard house or jail. In addition to the section of the charter set forth in the opinion before referred to, chapter 31, section 1, acts of 1791, being \u201c an act for the further regulation of the town of Newbern,\u201d vests in the corporation the power to levy taxes for specific purposes, \u201c and for such other good purposes as the said commissioners may judge necessary;\u201d and chapter 4, section 3, acts of the special session of 1866, to reorganize the government of the city of Newbern, vests in the mayor and council the power \u201c by all needful ordinances, rules and regulations to secure order, health and quiet within the same and for one mile around.\u201d\nIt would therefore seem that these several provisions for the good government of the city confer sufficient power to build a guard house, and certainly to repair and preserve one already built, as is the case here.\nHis Honor was asked by the defendant to instruct the jury that the plaintiff could not recover because the city had no power under the charter to repair the jail or guard house, which instruction his Honor refused to give, but charged the jury, that it was for the defendant to show that it had no such power, to which charge the defendant excepted.\nAs the verdict and judgment were for the plaintiff, apd as in law he was entitled to recover, no exception to the charge can avail the defendant.\nPer Curiam. Judgment affirmed.",
        "type": "majority",
        "author": "Bystum:, J."
      }
    ],
    "attorneys": [
      "Seymour, for appellant.",
      "No counsel coni/ra in this Court."
    ],
    "corrections": "",
    "head_matter": "JAMES McLIN v. CITY OF NEWBERN.\nThe Act of 1791, chap. 81, sec. 1, empowering the Commissioners of the City of Newbern to levy taxes, among other specific purposes, \u201cfor such other good jrarposes as the said Commissioners may judge necessary,\u201d and the Act of the special session of 1866, chap. 4, sec. 8, empowering the Mayor and Council of said City \u201cby all needful ordinances, rules and regulations, to secure order, health and quiet within the same, and for one mile around,\u201d confer on the municipal authorities sufficient power to repair and build guard houses or jails.\n(The case of Smith v. City of JSmbem, post page 14 cited and approved.)\nCivil action tried before Clarice, J., at the Pall Term, 1873, of the Superior Court of Craven county.\nThe case, as settled by counsel and transmitted with the record to this Court, is as follows :\n\u201c This was a petition for au alternative mandamus, granted by his Honor, Judge Clarke, at the Fall Term, 1871, of said Court, to compel the Mayor and Board of Couneilmen of said city to levy a tax to pay a certificate of indebtedness issued by said city to McLin & Wood, and assigned to plaintiff, a copy of which is as follows, to-wit;\nOffice of the Board of Commissioners, Newbern, N. C., January 31st, 1866.\nNo. 17.\nThis is to certify that the town of Newbern is indebted to McLin & Wood in the sum of three hundred and thirty-one dollars and twenty-seven cents, as per account, audited and approved by the Mayor and Board of Commissioners,\nJ. T. HOUGH, Mayor.\nRegistered fol. 2, page 2.\nJno. M. Harget, City Clerk.\nUpon cross-examination, the plaintiff admitted that the said certificate was issued in payment of certain articles, specified in the bill annexed, marked A. This evidence was objected to by plaintiff, but admitted by the Court.\nAmona; the articles charged are the following: * * * - * which were rendered for the purpose of repairing a city jail or guard house, which had been turned over by the military to the municipal authorities.\nDefendant asked his Honor to charge that the city had no power under the charter to repair a jail or guard house, and that plaintiff could not recover for value of said gratings. This was refused, and his Honor charged that it was for defendant to show that it had no such power and that said certificate was improperly issued.\nVerdict and judgment for plaintiff. Rule for a new trial, granted and discharged.' Appeal by defendant.\nDefendant alleges that his Honor erred in refusing the instructions asked by defendant\u2019s counsel, and giving those above set forth \u201d\nSeymour, for appellant.\nNo counsel coni/ra in this Court."
  },
  "file_name": "0012-01",
  "first_page_order": 28,
  "last_page_order": 30
}