Culver v. . Eggers
Supreme Court of North Carolina
Injunction, dissolved upon motion, by 'Henry, J, at Wa-■tauga Spring Term 1869. The bill set forth that the plaintiff had bargained with the defendant for a tract of land which the latter described as -containing 328 acres, showing the bargainee the bo undary of it; that the boundary was falsely stated, and the tract contained only 100 acres; that the defendant had received from the plaintiff money enough to pay for the 100 acres — although not all that he had agreed to give…
Read the full summary
Injunction, dissolved upon motion, by 'Henry, J, at Wa-■tauga Spring Term 1869. The bill set forth that the plaintiff had bargained with the defendant for a tract of land which the latter described as -containing 328 acres, showing the bargainee the bo undary of it; that the boundary was falsely stated, and the tract contained only 100 acres; that the defendant had received from the plaintiff money enough to pay for the 100 acres — although not all that he had agreed to give for the 328 acres; the prayer was for a specific performance in regard to the 100- acres, :an account, and an…
1Opinion of the CourtPearson, C. J.
The replication, or plea, of the plaintiff, as it is indifferently called in the transcript, seeks to put in issue the validity of the appointment to the office of Clerk of the Superior Court, of Will. J. Critcher, who certifies to the signature and oath of the defendant to his answer. The title to an office cannot be determined in this collateral way. It must be done in some direct proceeding, to which Critcher is a party, as by quo warranto. Williams v. Somers, 1 D. & B. 61.
His Honor very properly treated the answer as duly certified by a Clerk de facto, and was well warranted in passing…
2Cited by2 opinions
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- In Re WinglerSupreme Court of North Carolina · 1950