State Ex Rel. Houghtalling v. Taylor
Supreme Court of North Carolina
Civil ACTION, in the nature of quo warranto, brought by leave of the Attorney General, to test the right of the defendants to sit and act as County Commissioners of Vance County, brought to and tried at the October Term, 1897, of VANCE Superior Court, before Timber-lake, J., and a jury.
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Civil ACTION, in the nature of quo warranto, brought by leave of the Attorney General, to test the right of the defendants to sit and act as County Commissioners of Vance County, brought to and tried at the October Term, 1897, of VANCE Superior Court, before Timber-lake, J., and a jury. After reading the complaint and answers, the plaintiffs moved the Court for judgment as prayed in the complaint, upon the grounds alleged, and because the answers raised no material issues of fact. The motion was overruled by the Court and plaintiff relators excepted. Plaintiffs declined to introduce any…
1Opinion of the Court
Fetiches, J.:
The relators were duly elected commissioners of Vance County at the November election in 1896 and were duly inducted into office on the first Monday in December of that year. After the relators were elected, tmt before they were inducted into office, A. W. Graham, then one of the Judges of the Superior Court, and holding the courts of the Judicial District in which the County of Vance is located, acting under Chapter 135 of the Acts of 1895, appointed the defendants commissioners of said county, and they wex-e inducted into office. This action is brought for the purpose of trying…
2Cases cited2 opinions
- State Ex Rel. Foard v. HallSupreme Court of North Carolina · 1892
- State Ex Rel. Hines v. VannSupreme Court of North Carolina · 1896
3Cited by7 opinions
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- Mott v. Board of Commissioners of Forsyth CountySupreme Court of North Carolina · 1900
- Midgett v. . GraySupreme Court of North Carolina · 1912
- State Ex Rel. Bouldin v. DavisSupreme Court of North Carolina · 1929
- Riley v. Pelletier.Supreme Court of North Carolina · 1904
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