Legal Opinion

White v. . Auditor

Supreme Court of North Carolina

Decided May 22, 1900PublishedCited by 13 opinions

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…

1Opinion of the Court

CLARK and MONTGOMERY, JJ., dissenting. Upon the facts agreed, which are copied into the opinion, his Honor rendered the following judgment:

This cause coming on to be heard before Starbuck, J., upon the facts agreed, it appears that the Supreme Court, in the cause entitled "Stateex rel. Theophilus White v. George H. Hill et al.," has held that chapter 19, Public Laws 1899, is void in so far as it undertakes to appoint the persons therein named to the offices of Shellfish Commissioners therein undertaken to be established, and that chapter 18, Public Laws 1899, is void in so far as it…

2Cases cited9 opinions

  1. Hoke v. . HendersonSupreme Court of North Carolina · 1833
  2. State Ex Rel. Walser v. BellamySupreme Court of North Carolina · 1897
  3. Corporation Commission v. RailroadSupreme Court of North Carolina · 1904
  4. Cotten v. . EllisSupreme Court of North Carolina · 1860
  5. Granville County Board of Education v. State Board of EducationSupreme Court of North Carolina · 1890

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3Cited by13 opinions

  1. McCoy v. HandlinSouth Dakota Supreme Court · 1915
  2. State ex rel. Thurmond v. City of ShreveportSupreme Court of Louisiana · 1909
  3. City of San Antonio v. WhittenCourt of Appeals of Texas · 1959
  4. Banuchi v. Asamblea Municipal de IsabelaSupreme Court of Puerto Rico · 1928
  5. Arter v. Orange CountySupreme Court of North Carolina · 2024

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