Winslow v. . Morton
Supreme Court of North Carolina
Civil actioN, heard by Starbudk, Judge, in March, 1896, at Chambers, in Wilmington, New HaNOvBR County, upon a notice to show cause why a restraining order should not be granted. The motion was heard upon the complaint and demurrer thereto.
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Civil actioN, heard by Starbudk, Judge, in March, 1896, at Chambers, in Wilmington, New HaNOvBR County, upon a notice to show cause why a restraining order should not be granted. The motion was heard upon the complaint and demurrer thereto. The action was brought to enjoin the publication by the defendant, as lieutenant-commander, of an order from the Governor, as Commander-in-Chief of the militia, revoking a commission held by the plaintiff, as commander of the naval battalion of the State guard, the plaintiff denying the power of the Governor to issue such order without trial before a…
1Opinion of the Court
Avery, J.:
The Constitution of the United States provides (Art. II., Sec. 2) that “ the President shall be Oom-mander-in-Chief of the army and navy of the United States and of the militia of the several states when called into actual service of the United States.” The Constitution of North Carolina (Art. III., Sec. 8, and Art. XII., Sec. 3) constitutes the Governor of theState-Commander-in-Chief of the militia except when they are called into the service of the Federal Government, and confers upon him the power to call them out 11 to execute the law, suppress riots or insurrection and to repel…
2Cases cited10 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- McElrath v. United StatesSupreme Court of the United States · 1880
- Benson v. McMahonSupreme Court of the United States · 1888
- Blake v. United StatesSupreme Court of the United States · 1881
- Simonton v. . LanierSupreme Court of North Carolina · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Gray v. McLendonSupreme Court of Georgia · 1910
- Kearney v. . VannSupreme Court of North Carolina · 1911
- State v. Perkins.Supreme Court of North Carolina · 1906
- McLoughlin v. MalnarWisconsin Supreme Court · 1941
- State v. . R. R.Supreme Court of North Carolina · 1906
31 more not listed; retrieve them via the Exa API.