People Ex Rel. Welker v. Bledsoe
Supreme Court of North Carolina
Civil action, in the nature of a quo ivarranto, to determine wbo constitute the proper and legal “ Board of Directors of the Penitentiary,” heard and determined by his Honor, Watts, J., at Fall Term, 1872, of Wake Superior Court.
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Civil action, in the nature of a quo ivarranto, to determine wbo constitute the proper and legal “ Board of Directors of the Penitentiary,” heard and determined by his Honor, Watts, J., at Fall Term, 1872, of Wake Superior Court. The facts agreed and submitted to his Plonor in the Court below, are substantially the following: 1. That on the 1st day of March, 1872, the relators were appointed by the Governor of the State to the office of “ The Board of Directors of the Penitentiary,” that they accepted said office, and were duly qualified thereto, and took upon themselves the performance of…
1Opinion of the CourtPearson, C. J.
This case is governed by Clark v. Stanley, 66 N. C. Rep. 59. The Court, however, was willing to hear further argument and to review its decision, as the questions are of the first impression and one of them, and that one which the greatest stress is now laid was not fully argued-
1. The question upon which that case turned was, what constitutes a public office ? It was held that the duty of appointing proxies and directors on the part of the State,, in all railroads in which the State has an interest, is a public office, and it is announced as a principle of law — an agency for the State is a…
Also in this document: Per curiam.
2Cases cited1 opinion
- C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
3Cited by15 opinions
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- Lacey v. StateAlabama Court of Appeals · 1915
- Brown v. . TurnerSupreme Court of North Carolina · 1874
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