Legal Opinion

McDonald v. . Morrow

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 12 opinions

This was a proceeding under Section 7 of Chapter 159, Acts of 1895, to restrain the defendant Cleric of the Superior Court, of Mecklenburg County from tabulating and counting the election returns from Pineville Township, Precinct Ho. 2, on the ground of alleged irregularities, intimidation, etc., heard before Hon. D. M. Fuiicmcs, one of the judges of the Supreme Court.

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This was a proceeding under Section 7 of Chapter 159, Acts of 1895, to restrain the defendant Cleric of the Superior Court, of Mecklenburg County from tabulating and counting the election returns from Pineville Township, Precinct Ho. 2, on the ground of alleged irregularities, intimidation, etc., heard before Hon. D. M. Fuiicmcs, one of the judges of the Supreme Court. His Honor, in rendering bis judgment, filed the following opinion : “ Upon a full consideration of this matter, I am of the opinion that the restraining order heretofore granted should be vacated and the motion for an…

1Opinion of the Court

His Honor, in rendering his judgment, filed the following opinion:

"Upon a full consideration of this matter, I am of the opinion that the restraining order heretofore granted should be vacated and the motion for an injunction should be denied. But, in thus holding, I do not find that there had been no irregularities, intimidations or frauds committed on the election in Precinct No. 2, Pineville Township. It is not (667) necessary that I should undertake to decide these questions, nor do I think that I have the power to do so in this proceeding. My opinion is that registrars and judges of…

2Cases cited12 opinions

  1. Hoke v. . HendersonSupreme Court of North Carolina · 1833
  2. Sutton v. . PhillipsSupreme Court of North Carolina · 1895
  3. McCless v. MeekinsSupreme Court of North Carolina · 1895
  4. White v. . ConnellySupreme Court of North Carolina · 1890
  5. Latham v. . EllisSupreme Court of North Carolina · 1895

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Oates v. RogersSupreme Court of Arkansas · 1940
  2. State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
  3. State Ex Rel. Quinn v. LattimoreSupreme Court of North Carolina · 1897
  4. Woodall v. Western Wake Highway CommissionSupreme Court of North Carolina · 1918
  5. Ward v. . Elizabeth CitySupreme Court of North Carolina · 1897

7 more not listed; retrieve them via the Exa API.

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