Baxter v. . Ellis
Supreme Court of North Carolina
Quo warraNto to try the title to the office of councilman in the first ward of the city of Newbern, heard before Winston, J., at Spring Term, 1892, of CraveN Superior Court. The allegations in the complaint are substantially as follows : 1. That on May 2, 1892, a regular election was held in Newbern, as provided by Private Laws of 1879, chap. 42, and chap. 62, 'Yol.
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Quo warraNto to try the title to the office of councilman in the first ward of the city of Newbern, heard before Winston, J., at Spring Term, 1892, of CraveN Superior Court. The allegations in the complaint are substantially as follows : 1. That on May 2, 1892, a regular election was held in Newbern, as provided by Private Laws of 1879, chap. 42, and chap. 62, 'Yol. II of The Code, for councilmen. 2. The relator Baxter and the defendant Ellis were voted for for the said office in the first ward of the city — the relator receiving eighty-one votes, and the defendant seventy-four votes, and…
1Opinion of the Court
Clark, J. :■
The Code; § 2687, prescribes that the ballots •shall be “ without device.” It is contended that the inscription “0.1-L” upon the back of the twelve contested ballots is not a “ device” within the meaning of this statute.
In DeLoatch v. Rogers, 86 N. C., 357, this Court (Smith, C. J.) says, approving Oglesby v. Sigman, 58 Miss., 52, that" one of the objects of this provision was, “ that ignorance and blind party devotion might not be led to the adoption of ballots by the guidance of some mark and device, as to which they were instructed by their leaders, and which, instead of…
2Cases cited2 opinions
- Ellison v. Aldermen of RaleighSupreme Court of North Carolina · 1883
- State Ex Rel. Deloatch v. RogersSupreme Court of North Carolina · 1882
3Cited by6 opinions
- Attorney General ex rel. Reynolds v. MayMichigan Supreme Court · 1894
- Morganton Manufacturing Co. v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1897
- Winkle v. CrabtreeOregon Supreme Court · 1899
- State Ex Rel. Wright v. SpiresSupreme Court of North Carolina · 1910
- Cross v. KeathleyTennessee Supreme Court · 1907
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