Alexander v. . Lowrance
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., 20 September, 1921, from RUTHERFORD. Peremptory mandamus, granted on 20 September, 1921, to compel tbe defendants to deliver to tbe treasurer of tbe graded sebool committee of Forest City tbe proceeds of bonds issued to provide a fund for tbe erection of a sebool building in tbe Forest City Graded Sebool District.
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Appeal by defendant from Shaw, J., 20 September, 1921, from RUTHERFORD. Peremptory mandamus, granted on 20 September, 1921, to compel tbe defendants to deliver to tbe treasurer of tbe graded sebool committee of Forest City tbe proceeds of bonds issued to provide a fund for tbe erection of a sebool building in tbe Forest City Graded Sebool District. Tbe defendants admitted that tbe plaintiffs, Alexander, Reinhardt, Hempbill, Reid, and Biggerstaff were acting as tbe graded sebool committee, performing tbe duties of sucb committee, and conducting tbe public schools of tbe town, and that tbe…
1Opinion of the CourtAdaMS, J.
Tbe defendants admit that tbe graded scbool committee are conducting tbe public schools in Forest City, and are otherwise performing tbe duties and functions of their office. In view of tbis admission, it is unnecessary to enter upon a discussion of tbe refinements that characterize tbe difference between an officer de facto and an officer de jure, because it is familiar learning that tbe exercise of official duties by an officer de facto can be impeached only by a proceeding properly instituted for that purpose. Tbe admission of tbe defendants is fatal to their contention that tbe plaintiffs…
2Cases cited6 opinions
- Cecil v. City of High PointSupreme Court of North Carolina · 1914
- Doe Ex Dem. Burke v. ElliottSupreme Court of North Carolina · 1844
- Commissioners of Trenton v. McDanielSupreme Court of North Carolina · 1859
- Rogers v. PowellSupreme Court of North Carolina · 1917
- Tar River Navigation Co. v. NealSupreme Court of North Carolina · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re BlalockSupreme Court of North Carolina · 1951
- Charlotte v. . KavanaughSupreme Court of North Carolina · 1942
- Felmet v. . CommissionersSupreme Court of North Carolina · 1923
- In Re MillerSupreme Court of North Carolina · 1956
- Board of Education v. Board of County CommissionersSupreme Court of North Carolina · 1925
6 more not listed; retrieve them via the Exa API.