William H. Howerton v. . S. McD. Tate
Supreme Court of North Carolina
This was an application made to his Honor J udge Clonci, in vacation, for a mandamus to try the alleged right of the re-lators, to the office of Directors, in the Eastern Division of the Western North Carolina Railroad Company. But it is deemed unnecessary, to set forth the facts bearing upon the claim made,' as the case went off upon a question of practice.
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This was an application made to his Honor J udge Clonci, in vacation, for a mandamus to try the alleged right of the re-lators, to the office of Directors, in the Eastern Division of the Western North Carolina Railroad Company. But it is deemed unnecessary, to set forth the facts bearing upon the claim made,' as the case went off upon a question of practice. His Honor, granted an order for an alternative mandamus, on the 2d of December, 1871, returnable before himself, on the 8th day of January, 1872, at Salisbury. When and where the defendants appeared, and through their counsel moved to…
1Opinion of the Court
PeaesoN, 3.
Supposing the writ of mandamus to be the proper remedy, which we do not concede, C. C. P., sec. 366 & 367, (see Clark v. Stanly, at this term,) the proceeding was not properly instituted. ' The order for the writ must be made in term time, and be returnable in term time. It was conceded, such was tire practice, under the old system ; but it was insisted that the 0. 0. P. had made a change. We do not think so. It is not an ordinary civil action, or a special proceeding, if so, it should have been commenced by summons, but it is neither an ordinary civil action, nor a special…
2Cited by6 opinions
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- Ellison v. Aldermen of RaleighSupreme Court of North Carolina · 1883
- Rhodes v. LoveSupreme Court of North Carolina · 1910
- State Ex Rel. Burke v. Commissioners of Bessemer CitySupreme Court of North Carolina · 1908
- Brown v. Board of Commissioners of Richmond CountySupreme Court of North Carolina · 1942
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