State v. . Cansler
Supreme Court of North Carolina
INDICTMENT for Extortion,, tried at the Spring Term, 1876, of Catawba Superior Court, before his Plonor Judge Furches. t The defendant was charged in the bill of indictment with the taking unlawful fees in his office of Justice of the Peace from one Joshua Hefner.
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INDICTMENT for Extortion,, tried at the Spring Term, 1876, of Catawba Superior Court, before his Plonor Judge Furches. t The defendant was charged in the bill of indictment with the taking unlawful fees in his office of Justice of the Peace from one Joshua Hefner. On the trial below, Hefner himself, introduced by the State, testified that he and his wife had a little difficulty, and that he. slapped her in the face; this was in the summer of 1874; that not long thereafter he was at Catawba Station, and the defendant mentioned the difficulty he had with his wife to him, and told him he had…
1Opinion of the CourtReade, J.
There can be no doubt that if one elected to an office takes possession of it, and engages in the exercise of its duties, and misbehaves as in this case — take unlawful and extortionate fees — he will be liable for such misbehavior, notwithstanding the fact that he failed to take the oath of office. The Legislature evidently so understood it, because for going into the office before taking the oath the statute subjects him “ to a penalty of $500, and ejection from office by proper proceedings for that purpose.” Bat. Rev., chap. LXXIX, sec. 4. But how can he be ejected from unless he is…
2Cited by7 opinions
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- State Ex Rel. Midgett v. GraySupreme Court of North Carolina · 1912
- State v. . LongSupreme Court of North Carolina · 1877
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