People, N. Carolina Ex Rel . Hargrove v. . Hilliard
Supreme Court of North Carolina
Civil Action, in the nature of a quo warranto, to try the right to the office of Judge of the Second Judicial District, tried before Waits, J., at the January Term, 1875, of Wake Superior Court.
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Civil Action, in the nature of a quo warranto, to try the right to the office of Judge of the Second Judicial District, tried before Waits, J., at the January Term, 1875, of Wake Superior Court. The substantial facts, pertinent to the point decided, are: That at the election in April, 1868, the Hon. Edmund W. Jones was duly elected Judge of the Superior Court of the Second Judicial District, was commissioned and qualified; that in April, 1871, he resigned, and the Governor of the State appointed the Hon. William A. Moore to the said office, who was also duly qualified by taking the oaths of…
1Opinion of the CourtPearson, C. J.
The main question is disposed of in, People ex rel. Cloud v. Wilson, at this term. Passing by the question, whether the objection for want of parties was not waived by putting in an answer and amending the pleadings after the demurrer was overruled, we are of the opinion, that the action s not brought on the relation of the Attorney General. C. C P., sec. 366, authorizes the action to be brought by the Attorney General upon his own information, or, it may be brought upon the complaint of any private party, as was done in the case referred to. The action is well brought in either way. The only…
2Cited by3 opinions
- State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
- Saunders v. . GatlingSupreme Court of North Carolina · 1879
- In Re State of TexasTexas Supreme Court · 2026