Legal Opinion

People Ex Rel. McNeill v. Green

Supreme Court of North Carolina

Decided June 5, 1876PublishedCited by 3 opinions

This was a Civil Action, in the nature of a quo warranto, tried before his Honor, Judge Buxton, at the Spring Term, 1876, of the Superior Court of Harnett County. When the case was called for trial in the court below, it was agreed by both plaintiff and defendant, to waive a trial by jury, and that his Honor should try and determine all questions and issues, both of law and fact.

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This was a Civil Action, in the nature of a quo warranto, tried before his Honor, Judge Buxton, at the Spring Term, 1876, of the Superior Court of Harnett County. When the case was called for trial in the court below, it was agreed by both plaintiff and defendant, to waive a trial by jury, and that his Honor should try and determine all questions and issues, both of law and fact. His Honor found the facts of the ease to be in accordance with the statements contained in the minutes of the board of County Commissioners, the admissions contained in the pleadings, and the admissions of the…

1Opinion of the CourtRodMAN, J.

This is an action in the nature of quo war-ranto to try the titles of the defendant and of the relator to the office of sheriff .of Harnett County.

The relator was duly elected sheriff in August, 1872, gave bonds which were accepted, and he was duly inducted into office. He duly renewed his bonds in September, 1873. He was again elected in August, 1874, and on the first Monday of September of that year gave the usual bonds, which were accepted by the County Commissioners, and he qualified as sheriff in due form.

The defendant offered in evidence a report of the Committee of Finance of the…

2Cited by3 opinions

  1. Banning v. McManusSupreme Court of Minnesota · 1892
  2. Lenoir County v. . TaylorSupreme Court of North Carolina · 1925
  3. Missoula County v. EdwardsMontana Supreme Court · 1877

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