In Re Wingler
Supreme Court of North Carolina
1Opinion of the CourtErvin, J.
A person wbo undertakes to exercise the functions of a judicial office on a particular occasion may be a judge de jure, or a judge de facto, or a mere intruder.
Since he is exercising the office of a judge as a matter of right, a judge de jure meets this three-fold test: (1) He possesses the legal qualifications for the judicial office in question; (2) he has been lawfully chosen to such office; and (3) he has qualified himself to perform the duties of such office according to the mode prescribed by law. These things being true, he has a complete title to his office; his official acts are…
2Cases cited33 opinions
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
- Ozburn v. StateSupreme Court of Georgia · 1891
- Cary v. StateSupreme Court of Alabama · 1884
- Matter of DanfordCalifornia Supreme Court · 1910
28 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. FurmageSupreme Court of North Carolina · 1959
- Idol v. StreetSupreme Court of North Carolina · 1951
- Hinson v. BrittSupreme Court of North Carolina · 1950
- In Re HickersonSupreme Court of North Carolina · 1952
- Armstrong v. McInnisSupreme Court of North Carolina · 1965
18 more not listed; retrieve them via the Exa API.