State Ex Rel. McNeill v. Somers
Supreme Court of North Carolina
Civil action, in the nature of quo warranto, tried before Boykin, Judge, on a case agreed, at Spring Term, 1887, of Wilkes Superior Court.
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Civil action, in the nature of quo warranto, tried before Boykin, Judge, on a case agreed, at Spring Term, 1887, of Wilkes Superior Court. This action, brought with leave granted by the Attorney General, by the relator, under The Code, §608, is to try title to the office of clerk of the Superior Court of Wilkes county, to amove the defendant therefrom, upon an alleged usurpation, and to secure the plaintiff’s induction, was tried at March Term, 1887, upon tire following case agreed : 1. The relator, Milton McNeill, and the defendant James C. Somers, were candidates for the office of Clerk, in…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). In the constitutional amendments adopted in 1835, by a ratifying popular vote, is the following : “ No person who shall hold any office or place of trust or profit under the United States or any department thereof, or under this State, or any other State or government, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either house of the General Assembly,”— with a proviso exempting officers in the militia, and justices of the peace from its operation; Art. IV., §4. This was…
2Cases cited2 opinions
- Worthy v. . Barrett and OthersSupreme Court of North Carolina · 1869
- Jones v. . ArringtonSupreme Court of North Carolina · 1884
3Cited by9 opinions
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
- Board of Education v. Board of County CommissionersSupreme Court of North Carolina · 1925
- State Ex Rel. Brigman v. BaleySupreme Court of North Carolina · 1938
- Grimes v. . HolmesSupreme Court of North Carolina · 1934
- Somers v. Board of CommissionersSupreme Court of North Carolina · 1898
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