State Ex Rel. Roberts v. Calvert
Supreme Court of North Carolina
This is a civil ACTION, in the nature of quo warranto, and was tried before Shipp, Judge, at January Term, 1887, of NORTHAMPTON Superior Court.
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This is a civil ACTION, in the nature of quo warranto, and was tried before Shipp, Judge, at January Term, 1887, of NORTHAMPTON Superior Court. It is alleged in the complaint that the relator was duly elected at the general election in November of 1886 to be the Register of Deeds for the county of Northampton for the term of office then next ensuing; that the Board of County Canvassers of that county falsely ascertained that the defendant was elected to be that officer at that election, by rejecting the return of the election from Harding’s Store precinct, in Oconeechee township, and refusing…
1Opinion of the Court
MekrimoN, J.,
(after stating the case). We find it convenient to consider both appeals together and dispose of them by the same opinion.
The relator produced evidence on the trial tending to show that the Board of County Canvassers had erroneously rejected the return from and failed to count the vote cast at the “Harding’s Store” voting place, and falsely ascertained that the defendant received a plurality of the votes cast at the election in the county.
The defendant, having pleaded in his answer that the determination of the Board mentioned, and its ascertainment of his election, was…
2Cases cited1 opinion
- The People v. . CookNew York Court of Appeals · 1853
3Cited by8 opinions
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- State Ex Rel. Attorney-General Ex Rel. Owens v. ChaplinSupreme Court of North Carolina · 1948
- State Ex Rel. Cohoon v. SwainSupreme Court of North Carolina · 1939
- State Ex Rel. Hampton v. WaldropSupreme Court of North Carolina · 1889
- Hatfield v. ScaggsWest Virginia Supreme Court · 1926
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