The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.
Supreme Court of North Carolina
Civil aotioN in the nature of quo warranto tried before Moore, J. at Spring Term, 1875, Edgecombe Superior Court upon the following, case agreed : 1. The General Assembly by an act ratified- 1874, directed that an election should be held on the 1st Thursday in August, 1874, for a Judge of the Second Judicial District. 2. Said election was held accordingly, and Lewis Hilliard, Esq., of the county of Pitt, having received a majority of the votes cast was declared duly elected,…
Read the full summary
Civil aotioN in the nature of quo warranto tried before Moore, J. at Spring Term, 1875, Edgecombe Superior Court upon the following, case agreed : 1. The General Assembly by an act ratified- 1874, directed that an election should be held on the 1st Thursday in August, 1874, for a Judge of the Second Judicial District. 2. Said election was held accordingly, and Lewis Hilliard, Esq., of the county of Pitt, having received a majority of the votes cast was declared duly elected, and was commissioned Judge, by his Excellency the Governor, August 26th, 1874} and took the oath prescribed by law. 3.…
1Opinion of the CourtReade, J.
By reason of the failure of the person elected by the people, to qualify, there was a vacancy in the office of Superior Court Clerk for Edgecombe county for the term of four years. The Constitution provides that the Judge of the Superior Court should fill such vacancy.
Judge Moore had been the Judge for several years ; but, in the opinion of the General Assembly, his term had expired • and an act was passed ordering an election by the people for Judge; and under that act Judge Hilliard was elected and qualified and took possession of the .office, and held it, exercising all the duties and…
2Cases cited2 opinions
- Ellis v. N. C. Institution for the Deaf & Dumb & the BlindSupreme Court of North Carolina · 1873
- Culver v. . EggersSupreme Court of North Carolina · 1869
3Cited by55 opinions
- Cary v. StateSupreme Court of Alabama · 1884
- Walcott v. WellsNevada Supreme Court · 1890
- State v. . LewisSupreme Court of North Carolina · 1890
- St. George v. . HardieSupreme Court of North Carolina · 1908
- Ellison v. . ColemanSupreme Court of North Carolina · 1882
50 more not listed; retrieve them via the Exa API.