State Ex Rel. Barnett v. Midgett
Supreme Court of North Carolina
Civil ACTION, in the nature of quo warranto, brought in the name of the State, upon leave granted by the Attorney-General, upon relation of W. 0. Barnett, against S. E. Midgett, to recover possession of and try the title to the office of the Clerk of the Superior Court of Dare County, tried before Peebles, J., and a jury, at May Term, 1909, of the Superior Court of said county.
Read the full summary
Civil ACTION, in the nature of quo warranto, brought in the name of the State, upon leave granted by the Attorney-General, upon relation of W. 0. Barnett, against S. E. Midgett, to recover possession of and try the title to the office of the Clerk of the Superior Court of Dare County, tried before Peebles, J., and a jury, at May Term, 1909, of the Superior Court of said county. The relator alleged that he was duly elected Clerk of the Superior Court of Dare County at the election held on Tuesday, 3 November, 1908, having received a plurality of the votes cast at said election, there having…
1Opinion of the Court
MANNING, J.,
after stating the facts: It was contended before us that the Legislature, by section 4350, Eevisal, created the board of canvassers an inferior court, whose decisons are judgments, having all the conclusiveness and finality of judgments, and protected from attack or review, except possibly by some kind of appeal, certiorari or some other writ, and that an action in the nature of quo warranto, such as this is, to try the title to the office of the clerk of the Superior Court, would not lie, because it would be a collateral attack upon the final judgment of" the board of canvassers…
2Cases cited5 opinions
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- State v. . CooperSupreme Court of North Carolina · 1888
- State Ex Rel. Gatling v. BooneSupreme Court of North Carolina · 1887
- Lyon v. Board of CommissionersSupreme Court of North Carolina · 1897
- Cozart v. . FlemingSupreme Court of North Carolina · 1898
3Cited by5 opinions
- State v. FlemingSupreme Court of North Carolina · 1999
- Ponder v. JoslinSupreme Court of North Carolina · 1964
- State Ex Rel. Ledwell v. ProctorSupreme Court of North Carolina · 1942
- Warren v. BrownSouth Dakota Supreme Court · 1930
- Harkrader v. . LawrenceSupreme Court of North Carolina · 1925