Hoke v. . Henderson
Supreme Court of North Carolina
On the last circuit, at Lincoln, before bis Honor, Judge Norwood, Uic plaintiff produced a certificate of the sheriff of Lincoln, which set forth that at an election held in pursuance of the act of 1832, ch. 2, he, the plaintiff, had been duly elected cleric of the- Superior Court of Lincoln. The plaintiff then tendered the bonds required by tiie act, and moved that he might be qualified and permitted to take upon himself the duties of the office.
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On the last circuit, at Lincoln, before bis Honor, Judge Norwood, Uic plaintiff produced a certificate of the sheriff of Lincoln, which set forth that at an election held in pursuance of the act of 1832, ch. 2, he, the plaintiff, had been duly elected cleric of the- Superior Court of Lincoln. The plaintiff then tendered the bonds required by tiie act, and moved that he might be qualified and permitted to take upon himself the duties of the office. This was opposed by the defendant, who proved that he had .been appointed clerk of that court, in April 1807, under the act of 1806, (Rev. ch.…
1Opinion of the Court
RufstN, Chief-Justice
The Office of Cleric of the Superior Court of Law, for Lincoln county is claimed by Mr. Iloke, by virtue of his election thereto, under the act of 1832, c. 2 ; and his admission is opposed by Mr. Henderson, who claims the same office by virtue of a previous appointment thereto, under the act of 1806. The title depends upon the construction and validity of the ket of I832.
The decision in the Superior Court was in favor of the old clerk, and is rested by tiie Judge who pronounced it, distinctly upon the ground, that the act is unconstitutional and therefore void.
In support…
2Cited by113 opinions
- Corum v. University of North CarolinaSupreme Court of North Carolina · 1992
- In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
- Sides v. Duke UniversityCourt of Appeals of North Carolina · 1985
- State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
- Ekern v. McGovernWisconsin Supreme Court · 1913
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