Patterson v. . Hubbs
Supreme Court of North Carolina
This was an action in which the plaintiff, claiming that he was tax collector for the County of Craven, applied for an ■order for an injunction against the defendant, who alleged that he was Sheriff of the said County, and as such had the 'right to collect the taxes of the County, embracing those the collection of which was claimed by the plaintiff.
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This was an action in which the plaintiff, claiming that he was tax collector for the County of Craven, applied for an ■order for an injunction against the defendant, who alleged that he was Sheriff of the said County, and as such had the 'right to collect the taxes of the County, embracing those the collection of which was claimed by the plaintiff. A temporary injunction was granted upon the filing the complaint, and upon the trial before Clarke, J., at the last term of the Superior Court for the County of Craven, the injunction was ordered to be continued, and the defendant appealed. The…
1Opinion of the CourtPearson, C. J.
It is provided (C. O. P., sec. 366,) “ an .action may be brought by the Attorney General in the name of the people of the State,” &c., “when any person shall usurp, intrude into, or unlawfully hold or exercise any public office,” &c. Sec. 369, “whenever such action shall be brought against a person for usurping an office, the Attorney General may also set forth the name of the person rightfully entitled to the office, and in such case upon proof by affidavit, that the defendant has received fees and emoluments belonging to the office, an order may be granted by a Judge of the'Supreme Court,…
2Cases cited1 opinion
- Brodnax v. GroomSupreme Court of North Carolina · 1870
3Cited by17 opinions
- Ellison v. . ColemanSupreme Court of North Carolina · 1882
- Smith v. MyersIndiana Supreme Court · 1887
- Landes v. WallsIndiana Supreme Court · 1903
- Dare County v. MaterSupreme Court of North Carolina · 1952
- Edwards v. Board of Education of Yancey CountySupreme Court of North Carolina · 1952
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