State v. . Gillikin

Supreme Court of North Carolina

State v. . Gillikin

19 S.E. 152, 114 N.C. 832

CourtSupreme Court of North Carolina

DecidedFebruary 5, 1894

StatusPublished

Cited by7 cases

This text of 19 S.E. 152 (State v. . Gillikin) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Gillikin, 19 S.E. 152, 114 N.C. 832 (N.C. 1894).

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Opinion

Clark, J.:

The special verdict finds that all the requirements existed which rendered the defendant liable to road duty, and the Court had power to amend the warrant as it did. State v. Poole, 106 N. C., 698. The defendant failed to render such duty when duly summoned, and was properly adjudged to be guilty. The fact that defendant did not use and had no occasion to use the road to which he was assigned is no defence. His assignment to any particular road rested with the Board of Supervisors of the township. The Code, §2016. There is nothing tending to show that such Board acted fraudulently, oppressively or beyond their powers. As to the point raised upon the form of the *835 special verdict, there is some discrepancy between the earlier practice as stated in State v. Moore, 29 N. C., 228, and a later practice sanctioned in State v. Moore, 107 N. C., 770, and cases there cited. This was brought to the attention of the Court in State v. Ewing, 108 N. C., 755, and after “mature consideration” it was there held that either practice would be sufficient, but that the older practice as stated in State v. Moore, 29 N. C., 228, was the better one. That is the course which has been followed in the present instance. No Error.

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Clark, J.:

The special verdict finds that all the requirements existed which rendered the defendant liable to road duty, and the Court had power to amend the warrant as it did. State v. Poole, 106 N. C., 698. The defendant failed to render such duty when duly summoned, and was properly adjudged to be guilty. The fact that defendant did not use and had no occasion to use the road to which he was assigned is no defence. His assignment to any particular road rested with the Board of Supervisors of the township. The Code, §2016. There is nothing tending to show that such Board acted fraudulently, oppressively or beyond their powers. As to the point raised upon the form of the *835 special verdict, there is some discrepancy between the earlier practice as stated in State v. Moore, 29 N. C., 228, and a later practice sanctioned in State v. Moore, 107 N. C., 770, and cases there cited. This was brought to the attention of the Court in State v. Ewing, 108 N. C., 755, and after “mature consideration” it was there held that either practice would be sufficient, but that the older practice as stated in State v. Moore, 29 N. C., 228, was the better one. That is the course which has been followed in the present instance. No Error.

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Bluebook (online)

19 S.E. 152, 114 N.C. 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gillikin-nc-1894.

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