Legal Opinion

Baxter v. DANNY NICHOLSON, INC.

Supreme Court of North Carolina

Decided March 12, 2010No. 351PA08PublishedCited by 1 opinion

1Opinion of the Court

*830HUDSON, Justice.

This case presents the question whether the term of an appointed public officer ends immediately upon the appointment of his successor by the governor or when the successor takes the oath of office. We find that the General Assembly answered this question when it enacted N.C.G.S. § 128-7, which provides: “All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified.” Under the plain meaning of the statute, we conclude that the authority of an appointed officer continues until the date on which his successor takes…

2Cases cited16 opinions

  1. Matter of BanksSupreme Court of North Carolina · 1978
  2. State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
  3. Stephenson v. BartlettSupreme Court of North Carolina · 2002
  4. Baker v. MartinSupreme Court of North Carolina · 1991
  5. Tetterton v. Long Manufacturing Co.Supreme Court of North Carolina · 1985

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

3Cited by1 opinion

  1. Baxter v. DANNY NICHOLSON, INC.Supreme Court of North Carolina · 2010

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API