Groves v. Barden
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at January Term, 1915, of DüPLIN. Action to recover a penalty of $200, imposed by section 2365 of tbe Revisal upon any person who shall presume to hold any office or place of trust or profit contrary to Article XIV, section 7, of the Constitution of the State. The statute confers the right of action to recover the penalty upon any one who shall sue for the same.
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Appeal by plaintiff from Peebles, J., at January Term, 1915, of DüPLIN. Action to recover a penalty of $200, imposed by section 2365 of tbe Revisal upon any person who shall presume to hold any office or place of trust or profit contrary to Article XIV, section 7, of the Constitution of the State. The statute confers the right of action to recover the penalty upon any one who shall sue for the same. The plaintiff offered evidence tending to prove that the defendant was an acting constable and was at the time a rural mail carrier. His Honor .being of opinion that the position of rural mail…
1Opinion of the CourtAlleN, J.
The Constitution, Art. XIV, sec. 7, declares that “No person who shall hold any office or place of trust or profit under the United States or any department -thereof, or under this State, or under any other State or government, shall hold or exercise any other office or place of trust or profit under the authority of this State], or be eligible to a seat in either house of the General Assembly.”
*9Tbe line between “offices” and “places of trust or profit” witbin tbe meaning of tbe Constitution bas not been clearly marked, principally because they approach eacb other so closely, and are in all…
2Cases cited7 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- United States v. GermaineSupreme Court of the United States · 1879
- United States v. MouatSupreme Court of the United States · 1888
- United States v. SmithSupreme Court of the United States · 1888
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
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3Cited by25 opinions
- State ex rel. Holloway v. SheatsSupreme Court of Florida · 1919
- State v. SowardsCourt of Criminal Appeals of Oklahoma · 1938
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- State v. DarkSupreme Court of Louisiana · 1940
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