Edgerton v. . Kirby
Supreme Court of North Carolina
Appeal from JohNstoN, from order of Peebles, J., beard at chambers in Goldsboro, 22 July, 1911. Tbis is a suit for mandamus to require tbe defendants, except defendant Green, to meet witb tbe plaintiffs and to elect tbe seventh member of tbe Board of Road Commissioners of Selma Township.
Read the full summary
Appeal from JohNstoN, from order of Peebles, J., beard at chambers in Goldsboro, 22 July, 1911. Tbis is a suit for mandamus to require tbe defendants, except defendant Green, to meet witb tbe plaintiffs and to elect tbe seventh member of tbe Board of Road Commissioners of Selma Township. Tbe complaint alleges that after M.' 0. Winston, the seventh member of said board, resigned, tbe six remaining members met, and there being a tie vote (three voting for defendant Green and three voting for H. E. Earp), tbe chairman, N. E. Edgerton, being doubtful as to bis power to break tbe tie, the meeting…
1Opinion of the Court
. WalKBe, J.
Tbe order of Judge Peebles was correct. There wa§ ¿nothing else for bim to do, except what be did, in view of tbe express provision of tbe statute, Revisal, sec. 824, requiring the’judge, when an issue of fact is raised by tbe pleadings, to continue tbe action until it can be tried by a jury upon tbe issue thus joined between the parties. Sucb an issue was plainly and directly raised by the pleadings. Plaintiffs alleged that W. A. Green was never legally elected a member of the board of road commissioners, but is an usurper of that office without the shadow of right or title to…
2Cases cited4 opinions
- Barnes v. Commissioners.Supreme Court of North Carolina · 1904
- State Ex Rel. Kelly v. Justices of Mocre CountySupreme Court of North Carolina · 1842
- Attorney General Ex Rel. Gillaspie v. Justices of Guilford CountySupreme Court of North Carolina · 1844
- Rhodes v. LoveSupreme Court of North Carolina · 1910
3Cited by26 opinions
- Pue v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1942
- Person v. DoughtonSupreme Court of North Carolina · 1923
- Person v. . WattsSupreme Court of North Carolina · 1922
- Person v. . DoughtonSupreme Court of North Carolina · 1923
- Mebane Graded School District v. County of AlamanceSupreme Court of North Carolina · 1937
21 more not listed; retrieve them via the Exa API.