People Ex Rel. Kilburn v. Latham
Supreme Court of North Carolina
Civil ActipN in nature of Quo Warranto tried at Spring Term, 1879, of CraveN Superior Court, before Eure, J. This action was brought to recover the office of treasurer of Craven county, and a trial by jury being waived, the court found the facts as follows : The plaintiff was elected treasurer on the first Thursday in August, 1878, and on the first Monday in September following, gave the official bond required by law and qualified before the board of county commissioners.
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Civil ActipN in nature of Quo Warranto tried at Spring Term, 1879, of CraveN Superior Court, before Eure, J. This action was brought to recover the office of treasurer of Craven county, and a trial by jury being waived, the court found the facts as follows : The plaintiff was elected treasurer on the first Thursday in August, 1878, and on the first Monday in September following, gave the official bond required by law and qualified before the board of county commissioners. On the first Monday in December following, the said board made an order requiring all county offir cers who are required…
1Opinion of the CourtSmith, C. J.
In Worley v. Smith and Clarke v. Carpenter, decided at the present term, the court held that the effect of the act of March 22nd, 1875, upon the persons elected under it is “to make the terms of office begin and end on the first Monday in December, instead of September as theretofore.” It was consequently irregular and improper for the plaintiff to tender his official bond to the board of county commissioners in September, since their successors, whose term of office began on the first Monday in December, are required after their own qualification “ to proceed to qualify the other officers…
2Cases cited1 opinion
- State Ex Rel. Jones v. JonesSupreme Court of North Carolina · 1879
3Cited by1 opinion
- Freeman v. . Board of ElectionsSupreme Court of North Carolina · 1940