Legal Opinion

In Re Wingler

Supreme Court of North Carolina

Decided March 22, 1950No. 217PublishedCited by 23 opinions

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

  1. The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
  2. Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
  3. Ozburn v. StateSupreme Court of Georgia · 1891
  4. Cary v. StateSupreme Court of Alabama · 1884
  5. Matter of DanfordCalifornia Supreme Court · 1910

28 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. FurmageSupreme Court of North Carolina · 1959
  2. Idol v. StreetSupreme Court of North Carolina · 1951
  3. Hinson v. BrittSupreme Court of North Carolina · 1950
  4. In Re HickersonSupreme Court of North Carolina · 1952
  5. Armstrong v. McInnisSupreme Court of North Carolina · 1965

18 more not listed; retrieve them via the Exa API.

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