Worthy v. . Barrett and Others
Supreme Court of North Carolina
MaNDámus, allowed by Buxton, J., at Fall Term 1868, of the Superior Court of Moore. The petitioner had received a majority of the votes cast in Moore county at the election of April 1868, tor the office of sheriff, but upon his offering to qualify before the Commissioners of the county, a majority of the latter refused to allow it, upon the ground that he was disqualified under the XIVth Article of the Amendments to the Constitution of the United States.
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MaNDámus, allowed by Buxton, J., at Fall Term 1868, of the Superior Court of Moore. The petitioner had received a majority of the votes cast in Moore county at the election of April 1868, tor the office of sheriff, but upon his offering to qualify before the Commissioners of the county, a majority of the latter refused to allow it, upon the ground that he was disqualified under the XIVth Article of the Amendments to the Constitution of the United States. Thereupon the petitioner applied to his Honor for this writ. His Honor upon consideration allowed it, and the defendants appealed. The' only…
1Opinion of the CourtReade, J.
It is insisted for the petitioner, that the County Commissioners for Moore county have no power to enquire as to his qualifications; that their duty is to administer to him the oath prescribed by law and to receive his bond; that their duty is merely ministerial, and involves the exercise of no discretion, and that the Court will enforce its performance by mandamus, and leave the petitioner’s right to hold the office to be tested by proceedings under a quo warranto. The solemn act of administering an oath and inducting into office, may not be merely ministerial. But if it were, the Court will…
2Cited by20 opinions
- C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
- Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- Doyle v. Aldermen of RaleighSupreme Court of North Carolina · 1883
- State Ex Rel. Spruill v. BatemanSupreme Court of North Carolina · 1913
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