State Ex Rel. Gatling v. Boone
Supreme Court of North Carolina
This is a civil actioN, which was tried before Avery, Judge, at Spring Term, 1887, of Heuteoed Superior Court. The relator alleges that he received a majority of the votes cast for clerk of the Superior Court of the county of Hert-ford at the regular election held in the year 1886, and was then lawfully elected to that office for the term thereof then next ensuing; that, nevertheless, the Board of County Canvassers of the votes so cast unlawfully rejected and refused to…
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This is a civil actioN, which was tried before Avery, Judge, at Spring Term, 1887, of Heuteoed Superior Court. The relator alleges that he received a majority of the votes cast for clerk of the Superior Court of the county of Hert-ford at the regular election held in the year 1886, and was then lawfully elected to that office for the term thereof then next ensuing; that, nevertheless, the Board of County Canvassers of the votes so cast unlawfully rejected and refused to count the votes cast for the relator for such clerk at two voting places in that county at the said election, and falsely…
1Opinion of the Court
Merrtmon, J.,
(after stating the case). We are of the opinion that the Court below misapprehended the purpose and scope of the effect of the statute, (The Code, §2694,) which provides that “ the Board of County Canvassers shall at their said meeting, in the presence of the sheriff and such electors as choose to attend, open and canvass and judicially determine the returns, and make abstracts stating the number of legal ballots cast in each precinct for' each office, the name of each person voted for, and the number of votes given to each person for each different office, and shall sign the…
2Cases cited3 opinions
- Moore v. . JonesSupreme Court of North Carolina · 1877
- Swain v. . McRaeSupreme Court of North Carolina · 1879
- Peebles v. Commissioners of Davie CountySupreme Court of North Carolina · 1880
3Cited by16 opinions
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- Davis v. WardeSupreme Court of Georgia · 1923
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- Ponder v. JoslinSupreme Court of North Carolina · 1964
- State Ex Rel. Cohoon v. SwainSupreme Court of North Carolina · 1939
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