Legal Opinion

State Ex Rel. Attorney-General v. Knight

Supreme Court of North Carolina

Decided May 24, 1915PublishedCited by 40 opinions

Appeal by plaintiff from Webb, J., at March Term, 1915, of Binsr-COMBE. This is an action instituted by tbe State upon tbe relation of tbe Attorney-General against tbe defendant, a married woman, to inquire into and test ber right to bold tbe position of notary public under chapter 12 of tbe Public Laws of 1915, which provides: “That tbe Governor is hereby authorized to appoint women as well as men to be notaries public, and this position shall be deemed a place of trust and…

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Appeal by plaintiff from Webb, J., at March Term, 1915, of Binsr-COMBE. This is an action instituted by tbe State upon tbe relation of tbe Attorney-General against tbe defendant, a married woman, to inquire into and test ber right to bold tbe position of notary public under chapter 12 of tbe Public Laws of 1915, which provides: “That tbe Governor is hereby authorized to appoint women as well as men to be notaries public, and this position shall be deemed a place of trust and profit, and not an office.” There was a judgment in favor of tbe defendant, and tbe State appealed.

1Opinion of the Court

CLARK, C. J., dissenting; BROWN, J., dissenting in part. This is an action instituted by the State upon the relation of the Attorney-General against the defendant, a married woman, to inquire into and test her right to hold the position of notary public under chapter 12 of the Public Laws of 1915, which provides: "That the Governor is hereby authorized to appoint women as well as men to be notaries public, and this position shall be deemed a place of trust and profit, and not an office."

There was a judgment in favor of the defendant, and the State appealed. There are five questions directly…

2Cases cited37 opinions

  1. Minor v. HappersettSupreme Court of the United States · 1875
  2. Mial v. Ellington.Supreme Court of North Carolina · 1903
  3. State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
  4. Brown v. . TurnerSupreme Court of North Carolina · 1874
  5. The People of N.C. Ex Rel . Van Bokkelen v. . CanadaySupreme Court of North Carolina · 1875

32 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. State v. . EmerySupreme Court of North Carolina · 1944
  2. State v. EmerySupreme Court of North Carolina · 1944
  3. State v. ScottSupreme Court of North Carolina · 1921
  4. State v. . ScottSupreme Court of North Carolina · 1921
  5. Nash v. . TarboroSupreme Court of North Carolina · 1947

35 more not listed; retrieve them via the Exa API.

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