State Ex Rel. Kelly v. Justices of Mocre County
Supreme Court of North Carolina
An appeal from the Superior Court of Moore county, at Spring Term, 1842, his Honor Judge Nash presiding. This was a petition for a mandamus against the justices of Moore county. An alternative mandamus was issued, and upon its return and the answers oí the defendants being filed, the Superior court ordered that a peremptory mandamus should issue.
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An appeal from the Superior Court of Moore county, at Spring Term, 1842, his Honor Judge Nash presiding. This was a petition for a mandamus against the justices of Moore county. An alternative mandamus was issued, and upon its return and the answers oí the defendants being filed, the Superior court ordered that a peremptory mandamus should issue. From .this judgment a majority of the justices appealed — a number of the justices (a minority as it appeared) refused to join in the appeal. The facts appertaining to the case and the questions raised are so well expressed in the opinion delivered…
1Opinion of the CourtGaston, J.
At the August Term, 1841, of Moore Superior Court, the relator, John B. Kelly, exhibited a petition in said court, wherein he alleged that, at the February Term, 1838, of the Court of Pleas and Quarter Sessions of said county, a majority of the Justices of the county being present, an order was duly made for building a new CourtHouse for the county, and the petitioner and others named in the petition were appointed, commissioners to carry said order into effect, and to contract with some fit person fordo-ing the contemplated work; that the commissioners, in pursuance of the authority so…
2Cited by14 opinions
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