People Ex Rel. Attorney General Ex Rel. Boyer v. Teague
Supreme Court of North Carolina
This was an action, tried at the Special Term, January, 1889, of the Forsyth Superior Court, before Brown, J., and was commenced to try the title to the office of the Sheriff of Forsyth County. The election had been held on the 6th day of November, 1888, and the defendant had been duly declared elected, and was inducted into said office.
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This was an action, tried at the Special Term, January, 1889, of the Forsyth Superior Court, before Brown, J., and was commenced to try the title to the office of the Sheriff of Forsyth County. The election had been held on the 6th day of November, 1888, and the defendant had been duly declared elected, and was inducted into said office. The relator of the plaintiff was the opposing candidate, and claimed that illegal votes had been cast for the defendant in sufficient numbers to nullify his election and give title to the relator. The defendant, on his part, alleged that numbers of illegal…
1Opinion of the CourtAveky, J.
after stating the facts: The motion made at the Febiuary Term, 1889, to compel the plaintiff to file a bill of particulars, rested upon the ground that the second paragraph of the original complaint was not sufficiently definite. The section referred to was as follows:
“ 2. That the relator John Boyer at said election, as he is informed and believes, received a majority of all the legal votes cast, and was duly elected to fill the said office of Sheriff of said county for the said term of two years, but notwithstanding the relator received said majority of the lawful votes cast and was duly…
2Cases cited12 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Kreitz v. BehrensmeyerIllinois Supreme Court · 1888
- City of Beardstown v. City of VirginiaIllinois Supreme Court · 1875
- Halstead v. RaderWest Virginia Supreme Court · 1886
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3Cited by50 opinions
- State v. YoesSupreme Court of North Carolina · 1967
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- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Rexroth v. ScheinIllinois Supreme Court · 1903
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
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