Greer v. City of Asheville

Citations

• 19 S.E. 635
• 114 N.C. 678

Syllabus

<p>Statute Jletroactive — Officer of City — Term of Office, how affected by amendment to charter of city — Appointment.</p> <p>1. A statute operates prospectively only and never retroactively unless the legislative intent to the contrary is made manifest either by the express terms of the statute or by necessary implication.</p> <p>2. An amendment to the charter of a city providing that the City Marsha] shall hold office during good behavior does not have the effect of enlarging the term of office of one who.was previously elected to hold during the term of the aldermen.</p> <p>3. The term of office of a City Marshal appointed under a charter providing that marshals should hold office during the official term of the aldermen is not enlarged from one to two years by an amendment to the charter extending the term of the aldermen from one to two years.</p> <p>4. The requirement of a city charter that the aldermen shall appoint a marshal at their first meeting after their election is merely directory and their failure to make the appointment at the first meeting does ' not invalidate an appointment made at their second meeting.</p>