Legal Opinion

People Ex Rel. Nichols v. McKee

Supreme Court of North Carolina

Decided January 5, 1873PublishedCited by 19 opinions

Civil action, of the nature of a quo loarranto, for the recovery of the office of the “ Board of Trustees of the N CL Institution of the Deaf and Dumb and the Blind,” determined at Fall Term, 1872, of Wake .Superior Court, before Watts, J. Defendants held, exercised and claimed the offices demanded by the plaintiffs, by and under an act entitled “An act to alter chapter six of the Revised Code, concerning the North Carolina Institution for the Deaf and Dumb and the ' Blind,”…

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Civil action, of the nature of a quo loarranto, for the recovery of the office of the “ Board of Trustees of the N CL Institution of the Deaf and Dumb and the Blind,” determined at Fall Term, 1872, of Wake .Superior Court, before Watts, J. Defendants held, exercised and claimed the offices demanded by the plaintiffs, by and under an act entitled “An act to alter chapter six of the Revised Code, concerning the North Carolina Institution for the Deaf and Dumb and the ' Blind,” ratified the 21st day of January, 1871. The following was the case agreed : “That on the 1st day of March, 1872, the…

1Opinion of the CourtReade, J.

The theory of our State government is, “ that all political power is vested in and derived from the people.” ■Con. Art. l,Sec. 2. The Constitution is their grant of powers, and it is the only grant which they have made. “ And all powers not therein delegated remain with the people.” Art. 1, Sec. 37. This last clause will not he found in the former Constitutions of the State. The Constitution then proceeds to divide the government into three departments, Legislative, Executive and Judicial, and makes a grant of powers to each department, under its appropriate head, and directs that they shall…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872

3Cited by19 opinions

  1. State ex rel. Jameson v. DennyIndiana Supreme Court · 1889
  2. Malone v. WilliamsTennessee Supreme Court · 1907
  3. State ex rel. White v. BarkerSupreme Court of Iowa · 1902
  4. State ex rel. Holt v. DennyIndiana Supreme Court · 1889
  5. State ex rel. McCrory v. BergerSupreme Court of North Carolina · 2016

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