Doyle v. Aldermen of Raleigh
Supreme Court of North Carolina
Civjx ACTION in which application is made for the writ of mandamus, heard at Fall Term, 1883, of Wake Superior Court,, before Shepherd, J. The plaintiff was elected an alderman of the city of Raleigh, and asked to be restored to the office from which he was'removed by the defendants.
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Civjx ACTION in which application is made for the writ of mandamus, heard at Fall Term, 1883, of Wake Superior Court,, before Shepherd, J. The plaintiff was elected an alderman of the city of Raleigh, and asked to be restored to the office from which he was'removed by the defendants. It was found by the jury, upon issues submitted to them : 1. That he was sworn and inducted into office on the 8th of May, 1883. 2. That he was wrongfully obstructed by defendants in the exercise and discharge of the functions of his office. 3. And that the plaintiff, on the first Monday in May, 1883, hold and…
1Opinion of the CourtSmith, C. J.
The plaintiff, elected an alderman of the city of Raleigh, and having taken the oath of office and met and acted with his associate members of the board, was ejected from his seat by a resolution of the body, on the ground of his constitutional incompetency to hold the office under essentially the same circumstances as was the plaintiff Ellison, whose appeal is determined at this term. There was, however, no successor chosen to occupy the plaintiff’s vacated place. In this state of the case the plaintiff has sought an appropriate remedy for his restoration to office in coercive measures…
2Cases cited2 opinions
- Ellison v. . ColemanSupreme Court of North Carolina · 1882
- Worthy v. . Barrett and OthersSupreme Court of North Carolina · 1869
3Cited by25 opinions
- Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- Groves v. BardenSupreme Court of North Carolina · 1915
- State Ex Rel. Spruill v. BatemanSupreme Court of North Carolina · 1913
- Groves v. . BardenSupreme Court of North Carolina · 1915
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