State Ex Rel. Mann v. Gibbs
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., at the Spring Term, 1911, of Hyde. This action is brought • to determine whether the relator Mann or the defendant Gibbs is a drainage commissioner in the Drainage District for Mattamuskeet Lake and the lands adjoining thereto.
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Appeal from 0. H. Allen, J., at the Spring Term, 1911, of Hyde. This action is brought • to determine whether the relator Mann or the defendant Gibbs is a drainage commissioner in the Drainage District for Mattamuskeet Lake and the lands adjoining thereto. The relator alleges that an election was held for drainage commissioner under ch. 442, sec. 19, Laws of 1909; that he and the defendant were the only candidates for the position; that he was legally elected; that a majority of the rotes east were in favor of the defendant, but that enough of these were illegal to change the result; that the…
1Opinion of the CourtAddeN, J.
It requires no citation of authority to sustain the proposition that the appeal is premature and must be dismissed, but as both parties request it and- much expense may be saved by the determination of the right of the relator to maintain his action if he sustains his allegation that he received a majority of the legal votes cast, we proceed to consider it. The question involves the construction of sec. 19 of ch. 442 of the Laws of 1909, and sec. 3 of ch. 509 of the Laws of 1909.
The first of these statutes is a general law, applicable to the whole State, and is for the establishment of…
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