Wood v. Braswell

Citation135 S.E. 529
Case DateNovember 24, 1926
CourtUnited States State Supreme Court of North Carolina

135 S.E. 529
(192 N.C. 588)

WOOD et al.
v.
BRASWELL, Sheriff.

Supreme Court of North Carolina.

Nov. 24, 1926.


Appeal from Superior Court, Anson County; Lane, Judge.

Action by W. T. Wood and others against W. S. Braswell, Sheriff. Judgment for defendant, and plaintiffs appeal. Affirmed.

The plaintiff and others instituted a civil action against the defendant, sheriff of Anson county, to restrain the collection of a licence tax of $5 upon each automobile and motor truck owned by any person, firm, or corporation residing in Anson county. The license tax on automobiles in said county is levied under chapter 511, Public Local Laws 1925. A temporary restraining order was issued, and upon the hearing before Lane, J., on August 30, 1926, the following judgment was rendered, from which said judgment plaintiff appealed:

"This cause coming on to be heard and being heard before his honor, H. P. Lane, judge hold-

[135 S.E. 530]

ing the courts of the Thirteenth judicial district, and after hearing the pleadings and arguments of counsel, it is ordered and adjudged by the court that chapter 511, Public Local Laws 1925, entitled 'An act to provide funds for road maintenance in Anson county, ' is in all respects, and in all its provisions, constitutional and valid.

"It is further ordered and directed that the sheriff of Anson county proceed to collect all taxes levied pursuant to the provisions of said act and in conformity therewith.

"It is further ordered that the restraining order heretofore issued in this cause be, and the same is hereby, discharged and the action dismissed, and the plaintiffs taxed with the cost."

M. C. Lisk, of Wadesboro, for appellants.

McLendon & Covington and Robinson, Caudle & Pruette, all of Wadesboro, for appellee.

BROGDEN, J. The plaintiff attacks the constitutionality of chapter 511, Public Local Laws 1925, upon the ground that it denies the equal protection of the law and discriminates against taxpayers in the county of Anson, and, further, upon the ground that the act in question violates article 2, § 29, of the Constitution of North Carolina, which provides, among other things, as follows:

"Nor shall the General Assembly enact any such local, private or special act by the partial repeal of a general law."

The general law (C. S. § 2G12) provides that "ho county, city or town shall charge any license or registration fee on motor vehicles in excess of one dollar per annum." Therefore the plaintiff contends that chapter 511, Public Local Laws 1925, in attempting to levy a license tax of $5 on automobiles, repeals, so far as...

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21 practice notes
  • Newman v. Watkins, No. 171.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 1 Noviembre 1935
    ...solemn act of its co-ordinate legislative department. Moore v. Bell, 191 N. C. 305, 131 S. E. 724, 727; Wood v. Braswell, 192 N. C. 588, 135 S. E. 529, 530; Yarborough v. North Carolina Park Commission, 196 N. C. 284, 145 S. E. 563. "Courts never pass upon the constitutionality of statutes,......
  • Comm. to Elect Dan Forest v. Emps. Political Action Comm. (EMPAC), No. 231A18
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 5 Febrero 2021
    ...never anticipate a question of constitutional law in advance of the necessity of deciding it." Wood v. Braswell , 192 N.C. 588, 589, 135 S.E. 529 (1926). Notably in Wood , Chief Justice Stacy in a concurring opinion did locate this rule, along with our avoidance of venturing advisory opinio......
  • Angelo v. City Of Winston-salem, (No. 363.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 26 Enero 1927
    ...Poster Adv. Co. v. Asheville, 189 N. C. 737, 128 S. E. 149; Moore v. Bell, 191 N. C. 305, 131 S. E. 724; Wood v. Braswell, 192 N. C. 588, 135 S. E. 529. The court below found no facts, but "ordered, adjudged, and decreed that the plaintiffs' application be, and the same is hereby, denied an......
  • State v. Lueders, No. 655.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 14 Diciembre 1938
    ...law ought to be, but what it is--that the courts may render harmless invalid acts of the General Assembly. Wood v. Braswell, 192 N.C. 588, 135 S.E. 529; Moore v. Bell, 191 N.C. 305, 131 S.E. 724. For this reason, they never anticipate questions of constitutional law in advance of the necess......
  • Request a trial to view additional results
21 cases
  • Newman v. Watkins, No. 171.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 1 Noviembre 1935
    ...solemn act of its co-ordinate legislative department. Moore v. Bell, 191 N. C. 305, 131 S. E. 724, 727; Wood v. Braswell, 192 N. C. 588, 135 S. E. 529, 530; Yarborough v. North Carolina Park Commission, 196 N. C. 284, 145 S. E. 563. "Courts never pass upon the constitutionality of statutes,......
  • Comm. to Elect Dan Forest v. Emps. Political Action Comm. (EMPAC), No. 231A18
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 5 Febrero 2021
    ...never anticipate a question of constitutional law in advance of the necessity of deciding it." Wood v. Braswell , 192 N.C. 588, 589, 135 S.E. 529 (1926). Notably in Wood , Chief Justice Stacy in a concurring opinion did locate this rule, along with our avoidance of venturing advisory opinio......
  • Angelo v. City Of Winston-salem, (No. 363.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 26 Enero 1927
    ...Poster Adv. Co. v. Asheville, 189 N. C. 737, 128 S. E. 149; Moore v. Bell, 191 N. C. 305, 131 S. E. 724; Wood v. Braswell, 192 N. C. 588, 135 S. E. 529. The court below found no facts, but "ordered, adjudged, and decreed that the plaintiffs' application be, and the same is hereby, denied an......
  • State v. Lueders, No. 655.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • 14 Diciembre 1938
    ...law ought to be, but what it is--that the courts may render harmless invalid acts of the General Assembly. Wood v. Braswell, 192 N.C. 588, 135 S.E. 529; Moore v. Bell, 191 N.C. 305, 131 S.E. 724. For this reason, they never anticipate questions of constitutional law in advance of the necess......
  • Request a trial to view additional results

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