State Ex Rel. Salisbury v. Croom
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at July Term, 1914 of WaKE. Civil action to try title to position as director of tbe Central State Hospital, beard on case agreed.
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Appeal by plaintiff from Bond, J., at July Term, 1914 of WaKE. Civil action to try title to position as director of tbe Central State Hospital, beard on case agreed. Tbe facts submitted were as follows: R. H. Salisbury and A. B. Groom claim tbe title to tbe same office of director of tbe State Hospital at Raleigb, tbe office being tbe one occupied by J. D. Biggs and by bim resigned, and tbe term therein expiring in 1917. 1. J. D. Biggs, in March, 1911, with tbe confirmation of tbe Senate, was appointed for. a full term of six years to said office, and qualified.' 2. In 1912 J. D. Biggs…
1Opinion of the CourtHoKE, J.
Tbe Constitution of 1868, Article III, sec. 10, made provision tbat tbe Governor, by and with tbe advice and consent of a majority of tbe Senators-elect, appoint all officers whose offices are established by tbe Constitution or which shall be created by law and whose appointments are not otherwise provided for, and no such officer shall be appointed or elected by tbe General Assembly.
Construing tbis and cognate sections of tbe Constitution in reference to vacancies, etc., it was held in various decisions tbat tbe term, “unless otherwise provided for,” meant unless otherwise provided for by…
2Cases cited15 opinions
- C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
- State ex rel. Robert v. MurphySupreme Court of Florida · 1893
- State Ex Rel. Van Amringe v. TaylorSupreme Court of North Carolina · 1891
- People Ex Rel. Nichols v. McKeeSupreme Court of North Carolina · 1873
- Rodwell v. RowlandSupreme Court of North Carolina · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. McCrory v. BergerSupreme Court of North Carolina · 2016
- State Ex Rel. Martin v. MelottSupreme Court of North Carolina · 1987
- Cooper v. BergerCourt of Appeals of North Carolina · 2017
- Rogers v. PowellSupreme Court of North Carolina · 1917
- Rogers v. . PowellSupreme Court of North Carolina · 1917
5 more not listed; retrieve them via the Exa API.