State Ex Rel. Hines v. Vann
Supreme Court of North Carolina
Civil aotioN, heard on demurrer and complaint, before Graham,, P., at Fall Term, 1895, of ChowaN Superior Court. The complaint was as follows : The plaintiffs, complaining of defendants, allege: “1. That on the 7th day of January, A. D. 1895, the defendant C. S. Yann -was elected Treasurer of the County of Chowan by the Board of Commissioners of said county to fill the vacancy and unexpired term of B. F. Elliott in said office, created by the failure of the said B. F.…
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Civil aotioN, heard on demurrer and complaint, before Graham,, P., at Fall Term, 1895, of ChowaN Superior Court. The complaint was as follows : The plaintiffs, complaining of defendants, allege: “1. That on the 7th day of January, A. D. 1895, the defendant C. S. Yann -was elected Treasurer of the County of Chowan by the Board of Commissioners of said county to fill the vacancy and unexpired term of B. F. Elliott in said office, created by the failure of the said B. F. Elliott to give such bond as said Board of Commissioners required of him upon his election to said office, in an election held…
1Opinion of the Court
Clark, J.:
Every action must be prosecuted by the party in interest. The Code, Sec. 177. In Foard v. Hall, 111 N. C., 369, it was held that in a quo warranto to test the right of an incumbent to hold office, it is not necessary that the relator should be a contestant for the office, but that it is sufficient if he is an inhabitant and tax-payer of the jurisdiction over which the officer- exercises his duties and power. It is not alleged in the complaint in the present action that the relator is a citizen and tax-payer of the county of which the defendant is treasurer and it does not appear…
2Cases cited5 opinions
- Thompson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Baruch v. . LongSupreme Court of North Carolina · 1895
- State Ex Rel. Foard v. HallSupreme Court of North Carolina · 1892
- State Ex Rel. Commissioners of Warrenton v. ArringtonSupreme Court of North Carolina · 1888
- Nash v. . FerrabowSupreme Court of North Carolina · 1894
3Cited by12 opinions
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- Mott v. Board of Commissioners of Forsyth CountySupreme Court of North Carolina · 1900
- Hughes v. . TeasterSupreme Court of North Carolina · 1932
- Midgett v. . GraySupreme Court of North Carolina · 1912
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