Hannon v. . Grizzard
Supreme Court of North Carolina
Civil ACTION, beard upon a case agreed, by Shepherd, Judge, at Spring Term, 1886, of Halifax Superior Court. The plaintiff, with the certificate of his election to the office of Register of Deeds in the county of Halifax from the County Canvassing Board, presented himself before the defendants, the county commissioners, on the first Monday in December, 1.882, and tendering the bond required by law, demanded to be inducted into office, on taking the prescribed oath.
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Civil ACTION, beard upon a case agreed, by Shepherd, Judge, at Spring Term, 1886, of Halifax Superior Court. The plaintiff, with the certificate of his election to the office of Register of Deeds in the county of Halifax from the County Canvassing Board, presented himself before the defendants, the county commissioners, on the first Monday in December, 1.882, and tendering the bond required by law, demanded to be inducted into office, on taking the prescribed oath. Against this was offered a protest from some of the electors, on the ground of non-residence rendering him under the Constitution…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The first inquiry, the solution of which in favor of the defendants disposes of all the other matters involved in the appeal, is whether they, in assuming jurisdiction in the premises and acting upon their conscientious convictions, incurred personal liability to the plaintiff for their action in refusing to admit him. In Worthy v. Barrett, 63 N. C., 199, the plaintiff (or petitioner as he is called,) received a majority of the votes cast for the office of sheriff of Moore county, but his induction into office was denied by a majority of the…
2Cases cited3 opinions
- State Ex Rel. Hannon v. GrizzardSupreme Court of North Carolina · 1883
- Worthy v. . Barrett and OthersSupreme Court of North Carolina · 1869
- Swann v. . MyersSupreme Court of North Carolina · 1876
3Cited by4 opinions
- State Ex Rel. Brigman v. BaleySupreme Court of North Carolina · 1938
- State Ex Rel. Hampton v. WaldropSupreme Court of North Carolina · 1889
- Gray v. BatesvilleSupreme Court of Arkansas · 1905
- Black v. LinnSouth Dakota Supreme Court · 1903