State Ex Rel. Hampton v. Waldrop
Supreme Court of North Carolina
Election — Registration— Voter — Evidence— Office. This was a civil actioN, which was tried at Spring Term, 1889, of the Superior Court of Polk County, before Clark, J. The plaintiff relator alleged that he was duly elected to be Sheriff of the county of Polk, at the regular, election held in November of the year 1888; that, nevertheless, the County Commissioners of that county refused to induct him into that office, as he requested them to do, and as, in law, they should…
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Election — Registration— Voter — Evidence— Office. This was a civil actioN, which was tried at Spring Term, 1889, of the Superior Court of Polk County, before Clark, J. The plaintiff relator alleged that he was duly elected to be Sheriff of the county of Polk, at the regular, election held in November of the year 1888; that, nevertheless, the County Commissioners of that county refused to induct him into that office, as he requested them to do, and as, in law, they should have done, on the first Monday in December of that year, but professed and undertook to' elect the defendant to that…
1Opinion of the CourtMerrimon, C. J.
— after stating the case: The right to vote at an election is not perfected and does not arise in its completeness until the voter, otherwise eligible, has been registered as the law requires. Registration is essential. The Constitution (Art. VI, § 2) so expressly provides, and this Court has so repeatedly decided. Southerland v. Goldsboro, 96 N. C., 49; Rigsbee v. Durham, 99 N. C., 341, and cases there cited.
Registration is evidence — prima facie evidence — of the voter’s right to vote, but is not conclusive. His right maybe challenged before the judges of election, where he claims the right…
2Cases cited4 opinions
- Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
- Rigsbee v. Board of CommissionersSupreme Court of North Carolina · 1888
- State Ex Rel. Roberts v. CalvertSupreme Court of North Carolina · 1887
- Hannon v. . GrizzardSupreme Court of North Carolina · 1887
3Cited by10 opinions
- Woodall v. Western Wake Highway CommissionSupreme Court of North Carolina · 1918
- Davis v. County Board of EducationSupreme Court of North Carolina · 1923
- Fitzmaurice v. WillisNorth Dakota Supreme Court · 1910
- Hill v. . SkinnerSupreme Court of North Carolina · 1915
- Plott v. . Comrs.Supreme Court of North Carolina · 1924
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