Rhodes v. Love
Supreme Court of North Carolina
Appeal from Long, J., at chambers, 27 August, 1910, from Ieedell. This is an action in which the plaintiff alleges that he is the duly elected and qualified treasurer of the “Lincolnton Graded School Committee,” a corporation created by Private Laws of 1895, ch. 3, as amended by Private Laws of 1907, ch. 170; that the defendant has the books, documents and papers of the said office in his possession and has refused, after demand, to deliver them to him.
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Appeal from Long, J., at chambers, 27 August, 1910, from Ieedell. This is an action in which the plaintiff alleges that he is the duly elected and qualified treasurer of the “Lincolnton Graded School Committee,” a corporation created by Private Laws of 1895, ch. 3, as amended by Private Laws of 1907, ch. 170; that the defendant has the books, documents and papers of the said office in his possession and has refused, after demand, to deliver them to him. The plaintiff, therefore, prays that a mandamus issue to compel the defendant to comply with said demand. The defendant, in his answer,…
1Opinion of the Court
Waleer, J.,
after stating the case. We think the plaintiff has misconceived his remedy. It is evident, from the pleadings, that this is, in substance, an action between two contesting claimants to determine the title to an office and mandamus is not the proper proceeding in such a case. Howerton v. Tate, 66 N. C., 231; Brown v. Turner, 70 N. C., 93; Ellison v. Raleigh, 89 N. C., 125; Burke v. Commissioners, 148 N. C., 46. If an office is vacated and the rightful claimant seeks to be inducted into it by the body having jurisdiction of the matter, mandamus will lie to enforce his right, but…
2Cases cited7 opinions
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- Doyle v. Aldermen of RaleighSupreme Court of North Carolina · 1883
- Ellison v. Aldermen of RaleighSupreme Court of North Carolina · 1883
- Lyon v. Board of CommissionersSupreme Court of North Carolina · 1897
- Commissioners of Moore County v. MacRaeSupreme Court of North Carolina · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- Edgerton v. . KirbySupreme Court of North Carolina · 1911
- Cole v. Farmers Bank & Trust Co.Supreme Court of North Carolina · 1942
- Cooke v. OutlandSupreme Court of North Carolina · 1965
- Johnston v. Board of ElectionsSupreme Court of North Carolina · 1916
5 more not listed; retrieve them via the Exa API.