State ex rel. Robertson v. Jackson
Supreme Court of North Carolina
Appeals by relator and defendant from Shaw, J., at September Term, 1920, of Polk. Civil action, in tbe nature of a quo warranto, brought under O. S., 870, to determine tbe question of title to tbe office of sheriff of Polk County for tbe two-year period beginning in December, 1918, and ending in December, 1920. Tbe defendant and tbe relator were rival candidates for tbe office of sheriff of Polk County in tbe general election of 1918. Tbe official returns, as received and…
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Appeals by relator and defendant from Shaw, J., at September Term, 1920, of Polk. Civil action, in tbe nature of a quo warranto, brought under O. S., 870, to determine tbe question of title to tbe office of sheriff of Polk County for tbe two-year period beginning in December, 1918, and ending in December, 1920. Tbe defendant and tbe relator were rival candidates for tbe office of sheriff of Polk County in tbe general election of 1918. Tbe official returns, as received and declared by tbe canvassing board of said county, gave tbe defendant a majority of 2 votes; tbe result being'686 for tbe…
1Opinion of the Court
Stacy, J.,
after stating the facts as above: This qiroeeeding is a civil action in the nature of a quo warranto, brought under O. S., 870, tO' determine the validity of the respective claims of the relator and the defendant to the office of sheriff of Polk County. The contest relates tO' the election held in the year 1918. In passing upon the numerous exceptions presented for our consideration, there are a few facts and principles which should be kept clearly in mind:
1. In the first place, the result of the election, as declared by the-county board of canvassers, must be taken as prima facie…
2Cases cited28 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- People Ex Rel. Judson v. . ThacherNew York Court of Appeals · 1874
- Sheppard v. DowlingSupreme Court of Alabama · 1899
- Battle v. MayoSupreme Court of North Carolina · 1889
23 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. . HarrisonSupreme Court of North Carolina · 1907
- Anderson v. . McRaeSupreme Court of North Carolina · 1937
- Davis v. County Board of EducationSupreme Court of North Carolina · 1923
- Kenney v. Balsam Hotel Co.Supreme Court of North Carolina · 1927
- Dent v. English Mica Co.Supreme Court of North Carolina · 1937
14 more not listed; retrieve them via the Exa API.