Manuscript/Mixed Material NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. North Carolina (civil rights protest demonstrations, N.C.); Legal documents and printed records, 1962
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Image 1 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … WARCP LEGAL DEFENSE AND EDUCATIONAL FkD CASE FILE BOX_Y FOLDER
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 2 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … TO THE SUPREME COURT OF THE UNITED STATES October Term 1962 No 11 JOHN THOMAS AVENT et al Petitioners Ve NORTH CAROLINA MOTION TO REMOVE CASE FROM SUMMARY CALENDAR AND ALLOW ONE…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 3 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 3 Counsel for petitioner submits that it may be helpful to the Court if in the first of these series of cases there were a full exposition of the legal theories upon…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 4 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … IN THE SUPREME COURT OF THE UNITED STATES October Term 1960 No JCHN THOMAS AVENT et al Petitioners STATE OF NORTH CAROLINA Statement This is one of 2 cases filed here today…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 5 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … stores entrance barred or conditioned Negro patronage R22 Petitioners made various purchases R 36 40 43 47 48 49 as some of them had in the past as regular customers R 36…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 6 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … refusal to do so the officer arrested them He also signed a warrant charging them with the crime of trespass Petitioners were indicted in the Superior Court of Durham County North Carolina…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 7 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … How the Federal Questions Were Raised and Decided Prior to trial petitioners filed motions toquash the indictment The motions alleged that the statute GS 14134 was unconstitutionally applied to petitioners in that…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 8 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … The motions for the white petitioners were identical except that instead of simply alleging that these petitioners were indicted because of their race their indictments charged that the white petitioners were indicted…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 9 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … Negro race and that petitioners were denied rights secured by the due process and equal protection clauses of the Fourteenth Amend ment by being arrested for attempting to exercise rights to equal…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 10 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … These motions were denied and exceptions were taken thereto R 3435 Following the close of petitioners case they renewed their written motions to quash the indictments and for dismissal as of nonsuit…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 11 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … To the argument that the action taken below constitutes state action contrary to the due process and equal protection clauses of the Fourteenth Amendment the Court held Defendants misconceive the purpose of…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 12 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … STATE OF NORTH CAROLINA V JAMES A FOX and ALBERT R SALIPSON This is one of 2 cases filed here today the other is State v Avent No 654 Supreme Court of…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 13 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … other patrons at the counter stopped eating while petitioners were there R82 Indeed a white lady who was a patron of the lunch counter at the time expressed sympathy with them R…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 14 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … volition as an act in the line of duty R60 This was the first time in his career that this officer had ever arrested a well behaved person in a restaurant R…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 15 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … QUESTION PRESENTED Petitioners Negro and white students in orderly fashion sought and were refused service together at a department store lunch counter which following the custom of the community in Durham North…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 16 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … This case does not at all involve the forbidden entry upon some insulated enclosure some enclave some inviolate place which is a mans castle Silverman v United States US 5 Loed2d 734…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 17 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … customs The segregation here enforced was sanctioned in every way by the State In a long line of decisions a great variety of modes of state action has been held to come…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 18 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … has held that the action of a police officer in arresting Negroes for being present upon that portion of a railroad station from which they had been excluded because of race by…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 19 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … The Marsh case is but one example of a well entrenched principle of property law The idea that a private owner of property may do as he wishes without any societal restrictions…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 20 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … Professor Powell goes on to say The relations between the owner of a permissible interest in land and society in its organized forms have two major aspects In the first place such…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 21 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … in addition the standard application of the Doctrine of Eminent Domain has been held sufficient to protect the right of the public to take fish from a fresh water lake in deprivation…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 22 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … X1 This Court has found the denial of rights protected by the Fourteenth Amendment in cases where states have delegated to private persons the power to limit anothers rights to liberty and…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 23 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … Cir 1955 or by granting to a private corporation the authority to make segregation rules which are enforceable by the state criminal law Boman v Birminoham Iransit Co 280 F2d 531 5th…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 24 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … SUPREME COURT OF NORTH CAROLINA JOHN THOMAS AVENT STATE y LACY CARROLE STREETER FRANK McGILL COLEMAN STATE Vv SHIRLEY MAE BROWN STATE Va DONOVAN PHILLIPS STATE Ve CALLIS NAPOLIS BROWN JOAN HARRIS…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 25 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … J The indictment in the case of defendant John Thomas Avent is as follows The Jurors for the State upon their oath present That John Thomas Avent late of the County of…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 26 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 5 and invited guests only Customers on that date in the luncheonette department were invited guests and employees On 6 May 1960 these seven defendants five of whom are Negroes and two…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 27 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 4 4 in substance As a result of a call to the department he went to S H Kress and Companys store He saw on 6 May 1960 all the defendants except…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 28 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 5 The White male defendant Frank McGill Coleman is a student at Duke University On 6 May 1960 he went into the Kress store bought a mothers day card joined his friend…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 29 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 6 and in the conduct of its store in Durham is acting in a purely private capacity to make a profit for its shareholders There is nothing in the evidence before us…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 30 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 7 a selection based on color race or White people in company with Negroes or vice versa if he so desires He is not an innkeeper This is the common law S…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 31 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … Sie upon the land of L A Coletta and C V Porcelli after being forbidden to do so and did unlawfully refuse to leave that portion of said premises reserved for members…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 32 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 0 In an Anriotation in AL R p 379 1it is said It seems to be well settled that although the general public have an implied license to enter a retail store…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 33 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 10 The right of property is a fundamental natural in herent and inalienable right It is not ex gratia from the legislature but ex debito from the Constitution In fact it does…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 34 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 11 G S 14126 that a person who remains on the land of another after being directed to leave is guilty of a wrongful entry even though the original entrance was peaceful…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 35 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 10 This interpretation has not been modified Collins v Hardyman 341 U S 651 95 L Ed 1253 District of Columbia v Thompson COs 346 U SS 100 97 L Ed 1480…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 36 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 13 inherent and constitutional right to have his land free from un lawful invasion by Negro and White trespassers in a case like tils by judicial process as here because it is…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 37 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 14 w Shelley v Kraemer 334 U S 1 92 L Ed 1161 of which the writer is aware except Professor Mings supra note 92 Racial Restrictions and the Fourteenth Amendment The…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 38 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 15 to advocate and persuade for a termination of racial discrimination No one questions the exercise of these rights by the d2 fendants if exercised at a proper place and hour However…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 39 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … 16 as to whom S H Kress and Company should serve The answer to this contention shcwing it is without merit is set forth in S Vv Clybura suova in Slack v…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
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Image 40 of NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. … y 17 themselves there he was the agent of S H Kress and Company in charge of the store and we sO hold Defendants contend that all the cases should be non…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1962
About this Item
Title
- NAACP Legal Defense and Educational Fund Records: Legal Case File, 1915-1967; Avent v. North Carolina (civil rights protest demonstrations, N.C.); Legal documents and printed records, 1962
Names
- NAACP Legal Defense and Educational Fund
Headings
- - Law--United States
- - Civil rights--United States
- - African Americans--Civil rights
- - African Americans--Segregation
- - Segregation--United States
- - United States--Race relations
- - United States--Armed Forces--African Americans
- - African Americans--Education
- - National Association for the Advancement of Colored People
- - African Americans--Legal status, laws, etc
- - African Americans--Political activity
- - Criminal law--United States
- - Discrimination--Law and legislation--United States
- - Discrimination in criminal justice administration--United States
- - Discrimination in education--United States
- - Discrimination in employment--United States
- - Discrimination in housing--United States
- - Discrimination in public accommodations--United States
- - Discrimination in the military--United States
- - Educational law and legislation--United States
- - Election law--United States
- - Housing--Law and legislation--United States
- - Labor laws and legislation--United States
- - Recreation centers--Law and legislation--United States
- - Suffrage--United States
- - Manuscripts
- - United States
Genre
- Manuscripts
Call Number/Physical Location
- series: Legal Case File, 1915-1967
- mss65570, box 180
Source Collection
- NAACP Legal Defense and Educational Fund Records
Repository
- Manuscript Division
Digital Id
Online Format
- image
- online text
IIIF Presentation Manifest
Part of
Format
Contributor
Dates
Location
Language
Subject
- African Americans
- Armed Forces
- Civil Rights
- Criminal Law
- Discrimination
- Discrimination in Criminal Justice Administration
- Discrimination in Education
- Discrimination in Employment
- Discrimination in Housing
- Discrimination in Public Accommodations
- Discrimination in the Military
- Education
- Educational Law and Legislation
- Election Law
- Housing
- Labor Laws and Legislation
- Law
- Law and Legislation
- Legal Status, Laws, Etc
- Manuscripts
- National Association for the Advancement of Colored People
- Political Activity
- Race Relations
- Recreation Centers
- Segregation
- Suffrage
- United States