State Ex Rel. Midgett v. Gray
Supreme Court of North Carolina
Appeal from Cline, J., at November Term, 1911, of Dare. Quo warranto to .try title of defendant to tbe office of Clerk of tbe Superior Court of Dare County. Tbis issue was submitted to tbe jury: “Did defendant accept and qualify and enter upon tbe duties of School Committeeman of District No. 15, white race, as alleged in tbe complaint? Answer: No.”. Tbe court rendered judgment for tbe defendant. Plaintiff appealed.
1Per curiam
1. It does not appear in tbe record that tbe relator has ever obtained tbe permission of tbe Attorney-General to institute tbis proceeding, which is a condition precedent to tbe right of plaintiff, who personally does not claim tbe office, to maintain tbe action. Revisal 1905, sec. 826.
Since tbe former opinion in tbis case was .published, but not certified down, we are informed that such permission was given in writing as required by law, but that tbe record of it was inadvertently omitted in the transcript of appeal. ‘As tbe ease is to 'be tried again, proof of such permission given anterior…
2Cases cited3 opinions
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
- State v. . CanslerSupreme Court of North Carolina · 1876
- State v. . LongSupreme Court of North Carolina · 1877
3Cited by9 opinions
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- State Ex Rel. Harris v. WatsonSupreme Court of North Carolina · 1931
- State Ex Rel. Cooper v. CriscoSupreme Court of North Carolina · 1931
- Edwards v. Board of Education of Yancey CountySupreme Court of North Carolina · 1952
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