Legal Opinion

Bray v. . Baxter

Supreme Court of North Carolina

Decided September 15, 1915Published

Appeal by plaintiff from Whedbee, J., at March Term, 1915, of Oubbituck. Quo luarranto by tbe State, on tbe relation of P. N. Bray, against T. ~W. Baxter. Judgment for respondent, and tbe relator appeals.

1Opinion of the CourtClabk, C. J.

Tbis is a quo warranto for tbe office of register of deeds of Currituck. At tbe November election of 1914 tbe respondent was awarded tbe certificate of election, and tbe relator began tbis action to assert bis title to tbe office. Tbe court referred tbe matter, and tbe referee filed bis report confirming tbe title of tbe respondent, wbicb upon exceptions was affirmed by tbe judge.

Tbe referee, found that tbe respondent bad a plurality of three votes. Tbe referee sustained tbe action of tbe canvassing board in throwing out three ballots cast for tbe relator because there were more names on each…

2Cases cited4 opinions

  1. State Ex Rel. Quinn v. LattimoreSupreme Court of North Carolina · 1897
  2. State Ex Rel. Deloatch v. RogersSupreme Court of North Carolina · 1882
  3. State Ex Rel. Wright v. SpiresSupreme Court of North Carolina · 1910
  4. State Ex Rel. Mitchell v. AlleySupreme Court of North Carolina · 1900

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