Cotten v. . Ellis
Supreme Court of North Carolina
This was a petition for an alternative mandamus, heard; before Bailey, J., at Spring Term, I860-, of Chatham- Superior Court. The petition sets out, that tlie petitioner had- been appointed on the 1st of April, 1857, to the offi.ee of Adjutant General, by Thomas Bragg, then governor of North.
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This was a petition for an alternative mandamus, heard; before Bailey, J., at Spring Term, I860-, of Chatham- Superior Court. The petition sets out, that tlie petitioner had- been appointed on the 1st of April, 1857, to the offi.ee of Adjutant General, by Thomas Bragg, then governor of North. Carolina ; that he entered upon and discharged the duties of the office, and was recognised as the legal incumbent from the date of his appointment up to tlie 1st of April-,. 1858 ; that there is now due him the sum of $100, due him as. his salary for the half year ending the 1st of October, 1859, and…
1Opinion of the CourtPearson, C. J.
The matter brought up by the appeal makes it necessary for this Court to decide two questions. 1st. Is the applicant entitled by law to the amount claimed for his salary as Adjutant General of the State? 2nd. Had the Superior Court of law, for the county of Chatham, power to require the Governor of the State to make his warrant on the public treasurer for the payment of the salary, to which the applicant is by law entitled, upon an allegation, that the Governor had refused to make the warrant?
1st. The constitution of the United States, article 1, sec. 8, part 14, 15, provides, “ the congress…
2Cited by28 opinions
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- State Ex Rel. Walser v. BellamySupreme Court of North Carolina · 1897
- Rice v. GovernorMassachusetts Supreme Judicial Court · 1911
- State ex rel. Thurmond v. City of ShreveportSupreme Court of Louisiana · 1909
- State Prison of N. C. v. DaySupreme Court of North Carolina · 1899
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