Legal Opinion

State v. . Lewis

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 43 opinions

This was an indictment for assault and battery with a deadly weapon, tried at the .July Term, 1890, of the Superior Court of Rocking-ham County, before Whitaker, J. The Judge was acting by virtue of the following commission from the Governor; Raleigh,'July 8th, 1890. To Hon. Spier Whitaker — GreetiNg: We, reposing special trust and confidence in your integrity and knowledge, do by these presents appoint you to hold Fall Terms of the Superior Courts of Rockingham County,…

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This was an indictment for assault and battery with a deadly weapon, tried at the .July Term, 1890, of the Superior Court of Rocking-ham County, before Whitaker, J. The Judge was acting by virtue of the following commission from the Governor; Raleigh,'July 8th, 1890. To Hon. Spier Whitaker — GreetiNg: We, reposing special trust and confidence in your integrity and knowledge, do by these presents appoint you to hold Fall Terms of the Superior Courts of Rockingham County, beginning July 22d, 1890, and Stokes County, beginning August 4th, 1890, in the Ninth Judicial District, in lieu of Hon.…

1Opinion of the Court

(DAVIS, J., concurred in the ruling of the Court that a judge acting under a commission from the Governor is a judge de facto, but dissented from construction placed upon Article IV, section 11, of the Constitution.) The judge was acting by virtue of the following commission from the Governor:

RALEIGH, 8 July, 1890.(969)To Hon. Spier Whitaker — GREETING:

We, reposing special trust and confidence in your integrity and knowledge, do by these presents appoint you to hold Fall Terms of the Superior Courts of Rockingham County, beginning 22 July, 1890, and Stokes County, beginning 4 August, 1890, in…

2Cases cited20 opinions

  1. State v. CarrollSupreme Court of Connecticut · 1871
  2. The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
  3. Petersilea v. StoneMassachusetts Supreme Judicial Court · 1876
  4. State ex rel. Knowlton v. WilliamsWisconsin Supreme Court · 1856
  5. State Ex Rel. Van Amringe v. TaylorSupreme Court of North Carolina · 1891

15 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Johnson v. Manhattan Railway Co.Supreme Court of the United States · 1933
  2. State v. . LeaSupreme Court of North Carolina · 1932
  3. Idol v. StreetSupreme Court of North Carolina · 1951
  4. People Ex Rel. Saranac Land & Timber Co. v. Extraordinary Special & Trial Term of the Supreme CourtNew York Court of Appeals · 1917
  5. State Ex Rel. Van Amringe v. TaylorSupreme Court of North Carolina · 1891

38 more not listed; retrieve them via the Exa API.

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