People Ex Rel. Battle v. McIver
Supreme Court of North Carolina
Case agreed, without action, to recover the office of Superintendent of Public Instruction, submitted at the January Term, 1873, of the Superior Court of Wake county, before his Honor, Judge Watts, and by him determined. The relator, Kemp P. Battle, seeks to recover of thq defendant, Alexander McIver, the office of Superintendent of Public Instruction, in and for the State of North Carolina, and the same is resisted by defendant.
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Case agreed, without action, to recover the office of Superintendent of Public Instruction, submitted at the January Term, 1873, of the Superior Court of Wake county, before his Honor, Judge Watts, and by him determined. The relator, Kemp P. Battle, seeks to recover of thq defendant, Alexander McIver, the office of Superintendent of Public Instruction, in and for the State of North Carolina, and the same is resisted by defendant. At an election held in April, 1868, S. S. Ashley was duly elected to fill said office for the legal term thereof. The said Ashley very soon after his election…
1Opinion of the CourtReade, J.
Consider the case as if Ashley had not resigned. His term would have expired January 1st, 1873, if his successor had been elected and qualified.' As his successor was not elected and qualified, he would have held ■over. Con., Art. III., sec. 1.
Up to January 1st, 1873, he would have held, as filling his own term, and after that time as holding over for the election and qualification of his successor.
As Ashley did resign and the defendant, Mclver, was put ■in his place, he was put in his place to all intents and purposes ; and up to January 1st, 1873, filled the vacancy caused by Ashley’s…
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