McCall v. Webb.
Supreme Court of North Carolina
ActioN by R. S. McCall against Chas. A. Webb, beard by Judge W. A. Holce, at May Term, 1903, of tbe Superior Court of Buncombe County. Tbe General Assembly by an act passed at its session of 1895 established tbe “Criminal Circuit Court of tbe counties of Buncombe, Madison, Haywood and Henderson,” and tbe plaintiff was duly elected and qualified as Solicitor of tbe circuit for tbe term of four years. In 1897 tbe act was amended by adding tbe county of McDowell to tbe circuit.
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ActioN by R. S. McCall against Chas. A. Webb, beard by Judge W. A. Holce, at May Term, 1903, of tbe Superior Court of Buncombe County. Tbe General Assembly by an act passed at its session of 1895 established tbe “Criminal Circuit Court of tbe counties of Buncombe, Madison, Haywood and Henderson,” and tbe plaintiff was duly elected and qualified as Solicitor of tbe circuit for tbe term of four years. In 1897 tbe act was amended by adding tbe county of McDowell to tbe circuit. Tbe Legislature at its session of 1899 repealed both of tbe said acts and subsequently at tbe same session established…
1Opinion of the Court
Walker, J.,
after stating the case. The question in this case is whether the plaintiff should have recovered his damages for the loss of the fees and emoluments of the office in the action in the nature of quo warranto in which his right *360to the office of Solicitor was established, or whether he can maintain a separate action, such as this one is, and recover his damages therein. If he could only have his damages assessed by reference or inquiry in the first suit, it would seem perfectly clear that the judgment in that suit operates as res judicata and is a complete bar to his right of recovery…
2Cases cited13 opinions
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Piedmont Wagon Co. v. ByrdSupreme Court of North Carolina · 1896
- Williams v. . ClouseSupreme Court of North Carolina · 1884
- Swain v. . McRaeSupreme Court of North Carolina · 1879
- Buckman v. Commissioners of BeaufortSupreme Court of North Carolina · 1879
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