Legal Opinion

Harriss v. Wright

Supreme Court of North Carolina

Decided September 15, 1897PublishedCited by 14 opinions

Civil action, (being a consolidation of three separate actions), involving the title to the offices of Mayor and Board of Aldermen of the City of Wilmington, heard before McLver, J., on the pleadings and facts agreed, at April Term, 1897, of New HaNover Superior Court, The Charter of the City of Wilmington, including the several Acts amendatory thereof, in effect prior to the Act ratified the 5th day of March, 1897, provided for the division of the City into five wards; the…

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Civil action, (being a consolidation of three separate actions), involving the title to the offices of Mayor and Board of Aldermen of the City of Wilmington, heard before McLver, J., on the pleadings and facts agreed, at April Term, 1897, of New HaNover Superior Court, The Charter of the City of Wilmington, including the several Acts amendatory thereof, in effect prior to the Act ratified the 5th day of March, 1897, provided for the division of the City into five wards; the biennial election of two-Aldermen from each of the wards; the holding of the election on the fourth Thursday of March of…

1Opinion of the Court

Faircloth, C. J.:

The three cases of Harriss v. Wright and others were, by consent, consolidated and tried as one case. Before this controversy arose, Harriss and others were the Mayor and Board of Aldermen in office; and they insist that they are the rightful owners of their offices, holding over on the ground that there has been no valid appointment or election of any successors. The defendant, AVright, claims the office of Mayor of the city of AATlmington by virtue of the Governor’s appointment under the authority of the Act of Assembly of 1897, Chapter 150, ratified March 5, 1897. The…

2Cases cited6 opinions

  1. Wood v. Town of OxfordSupreme Court of North Carolina · 1887
  2. Commissioners of Dare County v. Commissioners of Currituck CountySupreme Court of North Carolina · 1886
  3. Brown v. Commissioners of HertfordSupreme Court of North Carolina · 1888
  4. Lilly v. . TaylorSupreme Court of North Carolina · 1883
  5. Wallace v. Board of TrusteesSupreme Court of North Carolina · 1881

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3Cited by14 opinions

  1. Booten v. PinsonWest Virginia Supreme Court · 1915
  2. Smith v. School Trustees.Supreme Court of North Carolina · 1906
  3. Board of Trustees v. WebbSupreme Court of North Carolina · 1911
  4. State ex rel. Gerry v. EdwardsMontana Supreme Court · 1910
  5. State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925

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