State Ex Rel. Attorney-General Ex Rel. Owens v. Chaplin

The official certificate of election constituted prima facie evidence that the defendant was entitled to the office of Clerk of the Superior Court of Tyrrell County, and imposed- on the relator the burden of establishing the grounds of his complaint. Jones v. Flynt, 159 N. C., 87, 74 S. E., 817; Rodwell v. Rowland, 137 N. C., 617, 50 S. E., 319; Boyer v. Teague, 106 N. C., 576, 11 S. E., 665, 19 Am. S. R., 547; Roberts v. Calvert, 98 N. C., 580, 4 S. E., 127. The referee and the judge have found that the relator has successfully met this burden. Their findings of fact are binding upon us if…