Legal Opinion

State ex rel. Stanford v. Ellington

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 14 opinions

ActioN in the nature of a quo warranto, brought by the State, upon the relation of the plaintiff against J. C. Ellington, to recover possession of the office of State Librarian, heard before 8'tarbuoh, J., at April Term, 1895, of "Wake Superior Court. There was judgment for the defendant and plaintiff appealed. The facts are stated in the opinion of Associate Justice Fueches.

1Opinion of the Court

Fueches, J.:

This is an action in the nature of quo warranto, in which plaintiff claims to be State Librarian, and alleges that defendant is in possession of the office and unlawfully withholds the same from him. Defendant, answering, admits that he is in possession of the office performing its duties and receiving its emoluments ; but he denies that he is holding it wrongfully or unlawfully, and alleges that he was duly elected thereto on the 8th day of January, 1895, for a term of two years next ensuing.

Under the view we take of the case it is not necessary for us to consider or pass upon…

2Cases cited3 opinions

  1. State v. RogersSupreme Court of North Carolina · 1986
  2. United States v. BallinSupreme Court of the United States · 1892
  3. Cleveland Cotton Mills v. Commissioners of Cleveland CountySupreme Court of North Carolina · 1891

3Cited by14 opinions

  1. In Re Constitutionality of Chapter 315, Laws of 1943Wisconsin Supreme Court · 1943
  2. State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
  3. Rock v. ThompsonIllinois Supreme Court · 1981
  4. Moore v. LangtonSupreme Court of Rhode Island · 1961
  5. Langston v. JohnsonSupreme Court of Arkansas · 1974

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