State Ex Rel. DeBerry v. Nicholson
Supreme Court of North Carolina
Civil ACTION, tried before Merrimon, J., at February Term, 1889, of Richmond Superior Court. Defendant appealed. The relator of the plaintiff and the defendant were, at the election held in Richmond County, in the month of November last, competing candidates for the office of Register of Deeds for said county, and were voted for, as such, at the various precincts therein.
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Civil ACTION, tried before Merrimon, J., at February Term, 1889, of Richmond Superior Court. Defendant appealed. The relator of the plaintiff and the defendant were, at the election held in Richmond County, in the month of November last, competing candidates for the office of Register of Deeds for said county, and were voted for, as such, at the various precincts therein. The returns of the several elections were duly made to the Board of County Canvassers, one of which, that coming from Wolf Pit Township, while giviirg the votes cast respectively for the two candidates, omitted the name of…
1Opinion of the Court
Smith, C. J.. The legality of the action of the canvassing board, in refusing to count, for the reason alleged, the votes cast in the township mentioned, in ascertaining the general result, is alone drawn in controversy in the action, and, to support that action, the appellant superadds and assigns numerous alleged irregularities and departures from the statutory regulations in the conduct of the election at that voting place. These, enumerated in the answer and urged in argument upon the hearing before us, are now to be considered, and their sufficiency to affect the result, to be determined.
2Cases cited6 opinions
- The People v. . CookNew York Court of Appeals · 1853
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
- State Ex Rel. Deloatch v. RogersSupreme Court of North Carolina · 1882
- Swain v. . McRaeSupreme Court of North Carolina · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Yarborough v. Hughes.Supreme Court of North Carolina · 1905
- Murphy v. City of SpokaneWashington Supreme Court · 1911
- Realty Investment Co. v. City of MobileSupreme Court of Alabama · 1913
- Woodall v. Western Wake Highway CommissionSupreme Court of North Carolina · 1918
26 more not listed; retrieve them via the Exa API.