Ellison v. Aldermen of Raleigh
Supreme Court of North Carolina
Civil, ActioN in which application is made for the writ of mandamus heard at June Term, 1883, of Wake Superior Court, before Philips, J. The plaintiff was elected an alderman of the city of Raleigh, and asked to be restored to the office from which he was removed by the defendants, but the court, being of opinion that T. J. Bashford, who had been elected by the board of aldermen, in place of the plaintiff, "was a necessary party to the suit, and that the question of title to…
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Civil, ActioN in which application is made for the writ of mandamus heard at June Term, 1883, of Wake Superior Court, before Philips, J. The plaintiff was elected an alderman of the city of Raleigh, and asked to be restored to the office from which he was removed by the defendants, but the court, being of opinion that T. J. Bashford, who had been elected by the board of aldermen, in place of the plaintiff, "was a necessary party to the suit, and that the question of title to the office was raised by the pleadings and evidence, refused to grant the writ, and the plaintiff appealed. The facts…
1Opinion of the CourtSmith, C. J.
The plaintiff was duly (elected ?) an alderman from one of the wards into which the city of Raleigh is divided, took the oath of office before the mayor and was present with bis associate members of the board at three successive meetings of the body. At the third session, held on May 15, 1883, the plaintiff being present and occupying his seat, as he had hitherto done without objection from any source, a resolution was offered by one of the aldermen (the transcript of which was not introduced on the trial), vacating or declaring vacant the plaintiff’s seat by reason of his incompetency in…
2Cases cited3 opinions
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875
- William H. Howerton v. . S. McD. TateSupreme Court of North Carolina · 1872
3Cited by22 opinions
- District of Columbia v. MurphySupreme Court of the United States · 1941
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- State Ex Rel. Markham v. SimpsonSupreme Court of North Carolina · 1918
- Finlay v. City of BostonMassachusetts Supreme Judicial Court · 1907
- State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1900
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