Legal Opinion

State Ex Rel. Wooten v. Smith

Supreme Court of North Carolina

Decided November 27, 1907PublishedCited by 21 opinions

Civil, aotioh, ill the nature of quo warranto, heard by Ferguson, J. (jury trial waived), at July Term, 1907, of the Superior Court of Meokxisn'bueg County, to determine the right of defendant to hold the office of recorder of the city of Charlotte and at the same time to act as public administrator of the county of Mecklenburg. Erom judgment in favor of the defendant and dismissing the action the relator appealed.

1Opinion of the CourtBe.owN, J.

As we were' not favored with either brief or argument on the part of the relator, we are at a loss to comprehend exactly upon what grounds the contention is based that the public administrator of a county fills an office or place of trust within the meaning of Article XIV, section 7, of the Constitution of this State. We presume it is supposed that he fills a place of trust within the meaning of that article.

Tbe office or place of trust there indicated involves the delegation to the individual of some part of the sovereign functions of the government, to be exercised for the benefit of the…

2Cases cited3 opinions

  1. C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
  2. State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
  3. Doyle v. Aldermen of RaleighSupreme Court of North Carolina · 1883

3Cited by21 opinions

  1. State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
  2. Winsor v. HuntArizona Supreme Court · 1926
  3. Groves v. BardenSupreme Court of North Carolina · 1915
  4. Groves v. . BardenSupreme Court of North Carolina · 1915
  5. State Ex Rel. Harris v. WatsonSupreme Court of North Carolina · 1931

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