State Ex Rel. Van Amringe v. Taylor
Supreme Court of North Carolina
Civil actioN, tried at January Term, 1890, of New Hanover Superior Court, Mclver, J., presiding. < The relator alleges in his complaint that he was duly elected Clerk of the Superior Court of the county of New Hanover at the regular election held in that county in November of 1890; that, nevertheless, the county canvassing board of that county falsely and wrongfully ascertained and declared that the defendant, who was his competitor at the said election, was duly elected to…
Read the full summary
Civil actioN, tried at January Term, 1890, of New Hanover Superior Court, Mclver, J., presiding. < The relator alleges in his complaint that he was duly elected Clerk of the Superior Court of the county of New Hanover at the regular election held in that county in November of 1890; that, nevertheless, the county canvassing board of that county falsely and wrongfully ascertained and declared that the defendant, who was his competitor at the said election, was duly elected to said office, and afterwards he was inducted into and now holds and exercises and receives the fees and emoluments…
1Opinion of the Court
MerkimoN, C. J.:
The ascertainment of the popular will or desire of the electors under the mere semblance of an election unauthorized by law is wholly without legal force or effect, because such election has no legal sanction. In settled, well-regulated government, the voice of electors must be expressed and ascertained in an orderly way prescribed by law. It is this that gives order, certainty, integrity of character, dignity, direction and authority of government to the expression of the popular will. An election without the sanction of the law expresses simply the voice of disorder,…
2Cases cited3 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- State v. . LewisSupreme Court of North Carolina · 1890
3Cited by27 opinions
- Waite v. Santa CruzSupreme Court of the United States · 1902
- State v. . LewisSupreme Court of North Carolina · 1890
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Attorney General ex rel. Seavitt v. McQuadeMichigan Supreme Court · 1892
- State ex rel. Brown v. McMillanSupreme Court of Missouri · 1891
22 more not listed; retrieve them via the Exa API.