People of North Carolina Ex Rel. Cloud v. . Wilson
Supreme Court of North Carolina
Civil actioh, in the nature of a quo warranto, contesting the right to the office of Judge of the 8th Judicial District, tried by consent, by Kerr, J., at Fall Term, 1874, of Oeange Superior Court, having been removed by consent from the Superior Court of Yadkin county. The following are substantially the facts submitted to his Honor, and upon which the judgment appealed from, was founded. At an election held in April, 1868, D. II.
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Civil actioh, in the nature of a quo warranto, contesting the right to the office of Judge of the 8th Judicial District, tried by consent, by Kerr, J., at Fall Term, 1874, of Oeange Superior Court, having been removed by consent from the Superior Court of Yadkin county. The following are substantially the facts submitted to his Honor, and upon which the judgment appealed from, was founded. At an election held in April, 1868, D. II. Starbuck was elected to the office of Judge of the 8th Judicial District, he being at and before his said election, the District Attorney of the United States, for…
1Opinion of the Court
D.H. Starbuck, at the first election after the adoption of the Constitution, was elected Judge of the 8th Judicial District; he did not accept the office and declined to qualify. Thereupon the Governor appointed the relator to fill the vacancy. The question is, was this a vacancy which the Governor had power to fill? One of these conclusions must be adopted:
1. On the refusal of Mr. Starbuck to accept, the General Assembly had power to order a special election for a Judge of that district; in the absence of a grant of this power to the General Assembly by the Constitution, this conclusion must…
2Cases cited1 opinion
- C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
3Cited by32 opinions
- State ex rel. McCrory v. BergerSupreme Court of North Carolina · 2016
- State Ex Rel. Ewart v. JonesSupreme Court of North Carolina · 1895
- State ex rel. Robert v. MurphySupreme Court of Florida · 1893
- State v. WoodSupreme Court of North Carolina · 1918
- Ellison v. Aldermen of RaleighSupreme Court of North Carolina · 1883
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