State Prison of N. C. v. Day
Supreme Court of North Carolina
Civil Action for the possession, custody and control of the State’s Prison, the .convicts and all the property and accessories belonging thereto, tried before Brown, J., at February Term, 1899, of Waxe Superior Court.
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Civil Action for the possession, custody and control of the State’s Prison, the .convicts and all the property and accessories belonging thereto, tried before Brown, J., at February Term, 1899, of Waxe Superior Court. This action was brought under a special Act of February 15, 1899, to assert the right claimed by plaintiffs by virtue of the Act of January 26, 1899, abolishing the office of Superintendent of the Penitentiary and transferring to them the custody, the property and management of the institution from the defendant, who bad been appointed Superintendent by the Governor. the…
1Opinion of the CourtMontgomery, J.
Tbis action was brought under section 1 of an Act of tbe General Assembly, ratified on tbe 15th of February, 1899. Tbe language of tbat section is as follows: “That in addition to tbe remedy prescribed by Tbe Code, sections 603 to 621 inclusive, tbe Board of Directors of tbe State’s Prison of North Carolina, or tbe Executive Board thereof, or both, with or without tbe jointure of tbe State, shall have the right, in an action for injunction or mandamus, to test in tbe Courts tbe claims of any claimant or claimants to tbe possession, custody and control of tbe property of tbe State’s Prison,…
2Cases cited13 opinions
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
- State Ex Rel. Ewart v. JonesSupreme Court of North Carolina · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Malone v. WilliamsTennessee Supreme Court · 1907
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- State ex rel. McCrory v. BergerSupreme Court of North Carolina · 2016
- State Ex Rel. Salisbury v. CroomSupreme Court of North Carolina · 1914
- Stanford v. . EllingtonSupreme Court of North Carolina · 1895
14 more not listed; retrieve them via the Exa API.