Saunders v. . Gatling
Supreme Court of North Carolina
Civil ActioN tried at Pall Term, 1878, of Hertford Superior Court, before Eure, J. The complaint states substantially that the plaintiff and defendant were candidates for the office of clerk of the superior court of Hertford at an election held on the first Thursday in August, 1878; that the plaintiff received a majority of the lawful votes cast and was duly elected, but the judges of election at one of the precincts refused to count the votes given for plaintiff, and it was…
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Civil ActioN tried at Pall Term, 1878, of Hertford Superior Court, before Eure, J. The complaint states substantially that the plaintiff and defendant were candidates for the office of clerk of the superior court of Hertford at an election held on the first Thursday in August, 1878; that the plaintiff received a majority of the lawful votes cast and was duly elected, but the judges of election at one of the precincts refused to count the votes given for plaintiff, and it was alleged that they rejected them unlawfully; that by means of incorrect retdrns the defendant was wrongfully declared…
1Opinion of the CourtAshe, J.
This is an action brought by the plaintiff in his own name against the defendant to determine the question of title to the office of clerk of the superior court for the county of Plertford; and the court is asked to oust the defendant and have the plaintiff inducted, and give him a judgment for the fees and emoluments of the office.
We think the plaintiff has mistaken'-his remedy, and it is not competent for the court to give him the relief he seeks by this action. Questions as to the title and possession of offices at the common law were determined by the writ of quo warranto which was the…
2Cases cited4 opinions
- People Ex Rel. Nichols v. McKeeSupreme Court of North Carolina · 1873
- Patterson v. . HubbsSupreme Court of North Carolina · 1871
- People, N. Carolina Ex Rel . Hargrove v. . HilliardSupreme Court of North Carolina · 1875
- T. L. Hargrove, Ex Rel . Tuck v. . HuntSupreme Court of North Carolina · 1875
3Cited by12 opinions
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- State Ex Rel. Cooper v. CriscoSupreme Court of North Carolina · 1931
- State Ex Rel. Foard v. HallSupreme Court of North Carolina · 1892
- Barbee v. Board of CommissionersSupreme Court of North Carolina · 1936
- Midgett v. . GraySupreme Court of North Carolina · 1912
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