Legal Opinion

State Ex Rel. Gower v. Carter

Supreme Court of North Carolina

Decided September 28, 1927PublishedCited by 10 opinions

1Opinion of the CourtClaeKSON, J.

Tbis is a civil action in the nature of quo warranto, to try the title to the office of mayor of the town of Clayton, Johnston County.

In Harkrader v. Lawrence, 190 N. C., at p. 442, it is said: “This is the method prescribed for settling a controversy between rival claimants when one is in possession of the office under a claim of right and in the exercise of official functions or the performance of official duties; and the jurisdiction of the Superior Court in this behalf has never been abdicated in favor of the board of county canvassers or other officials of an election. Rhodes v. Love,…

2Cases cited5 opinions

  1. Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
  2. State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
  3. Groves v. Commissioners of Rutherford CountySupreme Court of North Carolina · 1920
  4. State Ex Rel. Echerd v. VieleSupreme Court of North Carolina · 1913
  5. In Re the Will of EllisSupreme Court of North Carolina · 1924

3Cited by10 opinions

  1. State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
  2. Katherine Inez Hall v. Wake County Board of ElectionsSupreme Court of North Carolina · 1972
  3. Allison v. . SharpSupreme Court of North Carolina · 1936
  4. Bigham v. . FoorSupreme Court of North Carolina · 1931
  5. State Ex Rel. Bouldin v. DavisSupreme Court of North Carolina · 1929

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