White v. . Auditor
Supreme Court of North Carolina
CONTROVERSY Submitted without Action, under Tbe Code, sees. 567 and 568, to Starbuclc, J., bolding tbe Superior Court of Perquimans County, and determined December 4, 1899. Upon the facts agreed, which are copied into' tbe opinion, his Honor rendered tbe following judgment: This cause coming on to be heard before Starbuclc, J., upon the facts agreed, it appears that the Supreme Court, in- the cause entitled Slate ex rel.
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CONTROVERSY Submitted without Action, under Tbe Code, sees. 567 and 568, to Starbuclc, J., bolding tbe Superior Court of Perquimans County, and determined December 4, 1899. Upon the facts agreed, which are copied into' tbe opinion, his Honor rendered tbe following judgment: This cause coming on to be heard before Starbuclc, J., upon the facts agreed, it appears that the Supreme Court, in- the cause entitled Slate ex rel. Theophilus White v. George H. Ilill ei ad.,” has held that chap. 19, Public Laws of 1899, is void in so far as it undertakes to appoint the parsons therein named to the…
1Dissent · MongomeryMongomery, J.
Because of the great public importance of the matters involved in the discussion and decision of this case, I have given'to it a more thorough consideration than a Judge of this Court usually gives, or has time to give to the investigation of cases generally, and, after all, I find myself unable to ágree to the conclusion reached by a majority of the Court that the plaintiff is entitled to writs of mandamus against the Auditor and Treasurer to *588enforce the collection of bis claim. It bas been decided in White v. Hill, 125 N. C., 194, that the plaintiff is entitled to bis office. I therefore…
Also in this document: Dissent · Clark.
2Cases cited25 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Pennoyer v. McConnaughySupreme Court of the United States · 1891
- Russell v. FarleySupreme Court of the United States · 1882
- Louisiana v. JumelSupreme Court of the United States · 1883
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