State Ex Rel. Mitchell v. Alley
Supreme Court of North Carolina
AotioN in tbe nature of quo warranto to. test the right of the defendants to hold the office of Justice of the Peace for Pramklinton Township, PkaNicliN County, N. C., tried before Moore, J., at January Term, 1898. The plaintiff and defendants were opposing candidates, and each'claimed to be elected, as Justices for the township. The verdict and judgment were in favor of plaintiffs, upon grounds fully stated in the opinion. Defendants excepted and appealed. ,
1Opinion of the CourtClark, J.
Sec. 4, chap. 157, Laws 1895, provided tbat there should be elected “in each township in the State three Justices of the Peace, and, for each township in which any city or incorporated town is situated, one Justice of the Peace for every .1,000 inhabitants in such town or city.” By a provision in see. 20, chap. 159, Laws 1895, (which is continued in sec. 29, chap. 507, Laws 1899), “if any ticket shad contain the names of more persons than such elector has a right to vote for, such ticket shall not be numbered in taking the ballots, but shall be void.” The answer admits the allegation in the…
2Cited by1 opinion
- Bray v. . BaxterSupreme Court of North Carolina · 1915