Opinion

In Re Reassignment of Hayes

  • 261 N.C. 616
  • 135 S.E.2d 645
Court
Supreme Court of North Carolina
Filed
Apr 8, 1964
Status
Published
Author
Parker
On the bench
Higgins, Parker, Rodman, Moore, Bobbitt
Cited by
27 cases

defining “de novo” as “[a]new”

How later courts described this case

  • defining “de novo” as “[a]new”
  • “The word ‘de novo’ means fresh or anew; for a second time; and a de novo trial in appellate court is a trial had as if no action whatever had been instituted in the court below.”

Written by the judges who cited it.

The opinion

Parker, J.,

concurring: In my opinion, the interpretation in the majority opinion of the relevant parts here of the Pupil Assignment Law as enacted by the General Assembly is correct. The expediency of enacting such a statute, and all the parts thereof, is a matter of which the General Assembly is the proper judge, and not this Court. Should one or more provisions of this statute prove in practice not desirable or ill-advised, the General Assembly has plenary power, unless prohibited by some provision of the Federal or State Constitution, to alter or amend the statute, as they in their sound judgment and discretion deem proper in the best interest of the education of the children of the State.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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