McCall v. Gardner

Clark, J.,

concurs in the decision upon.the point presented by the appeal and for the reasons given, but is not to be understood as expressing any opinion upon the matters stated therein to be outside tire present litigation. The plaintiff recovered (125 N. C., 243), upon the ground that this office was his private property, and that by the Act of 1899, which put the defendant in office, the State had broken or attempted to break its contract. It would not seem that the State was “interested” in having this action brought to declare it had *764violated its contract. It is not a public question in…