Legal Opinion

Brown v. Costen

Supreme Court of North Carolina

Decided September 18, 1918PublishedCited by 10 opinions

ActioN beard on return to preliminary restraining order and by consent, before Whedbee, Jdecision being filed at July Term, 1918, of Gates . Tbe action was to set aside tbe results of a legalized primary for Gates County and restrain tbe defendants, tbe County Board of Elections, from tabulating and publishing the results of same, in so far as it affected tbe selection of tbe Democratic candidate for sheriff; plaintiff, one of the contestants for tbe nomination, claiming…

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ActioN beard on return to preliminary restraining order and by consent, before Whedbee, Jdecision being filed at July Term, 1918, of Gates . Tbe action was to set aside tbe results of a legalized primary for Gates County and restrain tbe defendants, tbe County Board of Elections, from tabulating and publishing the results of same, in so far as it affected tbe selection of tbe Democratic candidate for sheriff; plaintiff, one of the contestants for tbe nomination, claiming that on tbe returns as certified by tbe poll-holder's, bis opponent, one C. M. Lawrence, was selected as tbe nominee, and…

1Opinion of the CourtHoke, J.

Chapter 101, Laws 1915, purports to provide for a legalized primary, by which the recognized political parties of the State may select their candidates by choice of the loona fide party voters.

In section 31 the statute is made to apply to any and all political parties who had candidates for State offices at the general election of 1914, and, in addition, any other political party described as such in a declaration signed by 10,000 legal voters of the State and filed with the State Board of Elections thirty days before the time fixed for State officers to file notices of their candidacy. And a…

2Cases cited9 opinions

  1. In Re SawyerSupreme Court of the United States · 1888
  2. City of Dallas v. Dallas Consolidated Street Railway Co.Texas Supreme Court · 1912
  3. Fletcher v. TuttleIllinois Supreme Court · 1894
  4. Green v. MillsCourt of Appeals for the Fourth Circuit · 1895
  5. State Ex Rel. DeBerry v. NicholsonSupreme Court of North Carolina · 1889

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3Cited by10 opinions

  1. Britt v. . Board of CanvassersSupreme Court of North Carolina · 1916
  2. Burgin v. North Carolina State Board of ElectionsSupreme Court of North Carolina · 1938
  3. State ex rel. Hatfield v. CarringtonSupreme Court of Iowa · 1922
  4. Rowland v. . Board of ElectionsSupreme Court of North Carolina · 1922
  5. Rowland v. Board of Elections of Vance CountySupreme Court of North Carolina · 1922

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