Ellison v. . Coleman
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1881, of Iredell Superior Court, before Seymour, J. This action is brought to recover so much of the salary of the chief engineer of the Western North Carolina railroad company as was received by the defendant for services while in possession of the office and in discharge of its duties, for the period immediately preceding his retirement therefrom in June, 1872. The company was organized under an act of the general assembly passed in 1855,…
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Civil Action tried at Fall Term, 1881, of Iredell Superior Court, before Seymour, J. This action is brought to recover so much of the salary of the chief engineer of the Western North Carolina railroad company as was received by the defendant for services while in possession of the office and in discharge of its duties, for the period immediately preceding his retirement therefrom in June, 1872. The company was organized under an act of the general assembly passed in 1855, the substance of which, so far as it affects the present controversy, may be thus summarily stated: The management of the…
1Opinion of the Court
Smith, C. J.,
after stating the case. The only question therefore before us is as to the correctness of this ruling. We are not required to decide upon the redress which the plaintiff may have against those who displaced him, or the corporation for which they professed and undertook to act in disregarding the conditions of the contract, as to the term of service and rate of compensation, involved in the ordinance in force, and entering into the contract when the election was accepted. Nor is it necessary to consider and determine the legal effect upon the defendant’s right to the office, as…
2Cases cited4 opinions
- C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- People Ex Rel. Nichols v. McKeeSupreme Court of North Carolina · 1873
- Patterson v. . HubbsSupreme Court of North Carolina · 1871
3Cited by31 opinions
- State ex rel. Clyatt v. HockerSupreme Court of Florida · 1897
- Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901
- Noble v. City of Palo AltoCalifornia Court of Appeal · 1928
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
- Sanders v. BelueSupreme Court of South Carolina · 1907
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