State Ex Rel. Merrell v. Whitmire
Supreme Court of North Carolina
This was a civil ACTION to try the title to the office of Register of Deeds of the county of Transylvania, tried before Merrimon, J., at the Fall Term, 1891, of the Superior Court of Haywood County, to which the action had been removed.
Read the full summary
This was a civil ACTION to try the title to the office of Register of Deeds of the county of Transylvania, tried before Merrimon, J., at the Fall Term, 1891, of the Superior Court of Haywood County, to which the action had been removed. The relator insisted that the returns from Dunn’s Rock township were changed after they were signed by the judges of election, and before they reached the board of canvassers, by changing the number of votes received by W. P. Whit-mire from sixty-one to sixty-three. There was evidence offered by the relator tending to prove that Whitmire received only…
1Opinion of the Court
Clark, J.:
The offer of the plaintiff to show by a witness that he had heard T. T. Loftis say that he had altered the returns of Dunn’s Rock township was properly denied. If. Loftis had been a party to the action, his admissions against his interest would have been competent, as would have been his declarations as to his qualification to vote when made at the time of voting, or prior thereto, if his vote were in controversy. Boyer v. Teague, 106 N. C., 576. If he had made the alleged statements in presence of the defendant without hi.s denying the charge, the evidence might have been received…
2Cases cited5 opinions
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Walker v. . ScottSupreme Court of North Carolina · 1890
- Terry v. Danville, Mocksville & Southwestern RailroadSupreme Court of North Carolina · 1884
- Posey v. . PattonSupreme Court of North Carolina · 1891
- Bethea v. Raleigh & Augusta RailroadSupreme Court of North Carolina · 1890
3Cited by16 opinions
- State v. WilsonSupreme Court of North Carolina · 1897
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- State v. . LassiterSupreme Court of North Carolina · 1926
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- State v. Dixon.Supreme Court of North Carolina · 1902
11 more not listed; retrieve them via the Exa API.