McCall v. Webb.
Supreme Court of North Carolina
ActioN by R. S. McCall against Chas. A. Webb, beard by Judge W. A. Holce, at May Term, 1903, of tbe Superior Court of Buncombe County. Tbe General Assembly by an act passed at its session of 1895 established tbe “Criminal Circuit Court of tbe counties of Buncombe, Madison, Haywood and Henderson,” and tbe plaintiff was duly elected and qualified as Solicitor of tbe circuit for tbe term of four years. In 1897 tbe act was amended by adding tbe county of McDowell to tbe circuit.
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ActioN by R. S. McCall against Chas. A. Webb, beard by Judge W. A. Holce, at May Term, 1903, of tbe Superior Court of Buncombe County. Tbe General Assembly by an act passed at its session of 1895 established tbe “Criminal Circuit Court of tbe counties of Buncombe, Madison, Haywood and Henderson,” and tbe plaintiff was duly elected and qualified as Solicitor of tbe circuit for tbe term of four years. In 1897 tbe act was amended by adding tbe county of McDowell to tbe circuit. Tbe Legislature at its session of 1899 repealed both of tbe said acts and subsequently at tbe same session established…
1Dissent
Montgomery, J,,
dissenting. The plaintiff in this action brought a civil action in the nature of quo warranto against this defendant to recover the possession of the office of Solicitor in the Criminal Court of Buncombe- County, and at August Term, 1899, of the Superior Court of that county recovere'd a judgment upon the complaint and answer. The defendant appealed to this Court and the judgment was affirmed. At the term of the Superior Court, when the certificate of the opinion and judgment of this Court was received, the plaintiff made two motions, the first for a reference to have…
2Cases cited2 opinions
- State ex rel. Howerton v. TateSupreme Court of North Carolina · 1874
- McCall v. Zachary.Supreme Court of North Carolina · 1902