Betts v. Raleigh.
Supreme Court of North Carolina
AotioN for mandamus by the State on the relation of S. J\ Betts and others, petitioners, against the city of Ealeigh, pending in the Superior Court of Wake and heard upon complaint and answer by -Judge James L. Webb, at chambers, in the city of Ealeigh on 24 September, 1906. This was a proceeding in mandamus to compel the Board of Aldermen of the city of Ealeigh to order an election to determine the question as to whether prohibition shall be established in said city under…
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AotioN for mandamus by the State on the relation of S. J\ Betts and others, petitioners, against the city of Ealeigh, pending in the Superior Court of Wake and heard upon complaint and answer by -Judge James L. Webb, at chambers, in the city of Ealeigh on 24 September, 1906. This was a proceeding in mandamus to compel the Board of Aldermen of the city of Ealeigh to order an election to determine the question as to whether prohibition shall be established in said city under the provisions of the Act of the General Assembly of 1903, ch. 233. From a judgment directing the issuing of the writ,…
1Opinion of the Court
Be.owN, T.
It is contendéd by the defendant that the form of the petition presented to the Board of Aldermen is not in compliance with the act in that it fails to designate the questions which the petitioners desire to be voted upon at the election. In the view we take of the case it is unnecessary for us to pass on that contention. The writ of mandamus should have been denied for the reason that ■ it is never granted to compel an unlawful or prohibited act.
Tbe statute is express in terms and unmistakable'in meaning. Tbe election petitioned for is required to be beld in tbe same year in wbicb…
2Cited by12 opinions
- Person v. DoughtonSupreme Court of North Carolina · 1923
- Person v. . DoughtonSupreme Court of North Carolina · 1923
- Mebane Graded School District v. County of AlamanceSupreme Court of North Carolina · 1937
- Steele v. Locke Cotton Mills Co.Supreme Court of North Carolina · 1950
- State Ex Rel. Archer v. County Court of Wirt CountyWest Virginia Supreme Court · 1965
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