People Ex Rel. Attorney General v. Heaton
Supreme Court of North Carolina
Civil ACTION, in the nature of a Quo Warranto, tried at’• Spring Term, 1877, of New Hanovek Superior Court, before' Seymour, J. The jury found a special verdict as follows: “That said James Heaton, Clerk of the Superior Court and Judge of Probate for the County of New Hanover, was, on Monday the 12th of March, 1877, as specified in the complaint in this1 action, absent from his office in the City of Wilmington and was not present therein at any time between the hours of 9'…
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Civil ACTION, in the nature of a Quo Warranto, tried at’• Spring Term, 1877, of New Hanovek Superior Court, before' Seymour, J. The jury found a special verdict as follows: “That said James Heaton, Clerk of the Superior Court and Judge of Probate for the County of New Hanover, was, on Monday the 12th of March, 1877, as specified in the complaint in this1 action, absent from his office in the City of Wilmington and was not present therein at any time between the hours of 9' a. m. and 4 p. m. of that day, the same being the regular office of said Clerk and Probate Judge ; that his failure to…
1Opinion of the CourtBynum, J.
This action is brought under the following clauses of section 366, of the Code of Civil Procedure: “ An action may be brought by the Attorney General in the name of the people of this State upon his own-information, or upon the complaint of any private party against the parties offending in the following cases : * * * (2 . When any public officer, civil or military, shall have done, or suffered an act which by the provisions of law shall make a forfeiture of his office.”
The defendant is the Clerk of the Superior Court of New Hanover County, and the particular duty for the non-performance for…
2Cases cited2 opinions
- Patterson v. . HubbsSupreme Court of North Carolina · 1871
- London v. . HeadenSupreme Court of North Carolina · 1877
3Cited by5 opinions
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- In Re SpiveySupreme Court of North Carolina · 1997
- State ex rel. Vance v. WilsonSupreme Court of Kansas · 1883
- Morgan v. Harris.Supreme Court of North Carolina · 1906
- State v. . NormanSupreme Court of North Carolina · 1880