Legal Opinion

State Ex Rel. McCall v. Webb

Supreme Court of North Carolina

Decided November 21, 1899PublishedCited by 6 opinions

Oivit, ActioN in the nature of quo warranto, heard upon the pleadings by Coble, J., at August Term, 1899, of the Superior Court of Buncombe County, for the recovery of the office of Solicitor of the Criminal Court of Buncombe County.

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Oivit, ActioN in the nature of quo warranto, heard upon the pleadings by Coble, J., at August Term, 1899, of the Superior Court of Buncombe County, for the recovery of the office of Solicitor of the Criminal Court of Buncombe County. The plaintiff in his complaint alleged, that under and by virtue of an Act of 1895, chap. 75, to establish a Criminal Circuit to be composed of the counties of Buncombe, Madison, Haywood and Henderson, an election was held in November, 1896, at which he was duly elected Solicitor of said Criminal Courts, and qualified accordingly, on January 1, 1897, for the term…

1Opinion of the Court

The plaintiff in his complaint alleged, that under and by virtue of an act of 1895, ch. 75, to establish a criminal circuit to be composed of the counties of Buncombe, Madison, Haywood and Henderson, an election was held in November, 1896, at which he was duly elected solicitor of said criminal courts, and qualified accordingly, on January 1, 1897, for the term of four years. The county of McDowell was subsequently added, by the act of 1897, ch. 7.

That the defendant, claiming to be authorized by various acts of the Legislature of 1899, viz., act 27th February, act 3d March, act 6th March, and…

2Cases cited2 opinions

  1. Hoke v. . HendersonSupreme Court of North Carolina · 1833
  2. Walser v. JordanSupreme Court of North Carolina · 1899

3Cited by6 opinions

  1. Mial v. Ellington.Supreme Court of North Carolina · 1903
  2. Waters v. McBeeSupreme Court of North Carolina · 1956
  3. McCall v. . Webb &8212 No. 1Supreme Court of North Carolina · 1900
  4. McCall v. Webb.Supreme Court of North Carolina · 1904
  5. McCall v. GardnerSupreme Court of North Carolina · 1900

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