Taylor v. Vann
Supreme Court of North Carolina
Civil AotioN, in tbe nature of quo warranto, on tbe relation of J. 0. Taylor against John E. Vann, beard by Judge A. L. Goble, on complaint and demurrer, at Spring Term, 1900, of Heeteoed Superior Court. Erom judgment for plaintiff, tbe defendant appealed.
1Opinion of the CourtDouglas, J.
Tbis is an action brought for tbe recovery of tbe office of member of tbe Board of Education, of Hert-ford County. Tbe plaintiff recovered judgment at April Term, 1900, and tbe defendant appealed. Tb© term of office expired by original limitation on tbe 1st day of July following after tbe rendition of tbe judgment, and pending tbe appeal. Tbis destroys tbe subject-matter of tbe action, rendering futile any further judgment for tbe plaintiff; and tbis Court has repeatedly declared that it will not undertake to determine tbe merits of a case simply for tbe purpose of deciding who shall pay tbe…
2Cases cited8 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Ward v. . Elizabeth CitySupreme Court of North Carolina · 1897
- State Ex Rel. Greene v. OwenSupreme Court of North Carolina · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Gregory v. BoydIndiana Supreme Court · 1909
- State Ex Rel. Greene v. OwenSupreme Court of North Carolina · 1899
- White v. . AuditorSupreme Court of North Carolina · 1900
- Hale v. BergIndiana Court of Appeals · 1908
- In Re Assignment of the School Children in the Stella CommunitySupreme Court of North Carolina · 1955
3 more not listed; retrieve them via the Exa API.