Rodwell v. Rowland
Supreme Court of North Carolina
ActioN of State on relation of James R. Rodwell against Oliver L. Rowland, heard bj Judge James L. Webb, at chambers, by consent, on December 22, 1904, upon a case agreed.
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ActioN of State on relation of James R. Rodwell against Oliver L. Rowland, heard bj Judge James L. Webb, at chambers, by consent, on December 22, 1904, upon a case agreed. This is an action in the nature of a quo warranto to try the title to the office of Clerk of the Superior Oourt of Warren County, and was heard by Webb, J., holding the courts of the Second Judicial District, upon a case agreed, which is in substance as follows: In November, 1902, W. A. White was elected Clerk for four years from December 1, 1902. He qualified and held the office until September, 1904, when he resigned. The…
1Opinion of the Court
Walker, J.,
after stating the facts. The question presented in this case is whether the relator was duly chosen to the office of Clerk of the Superior Court at the general election held in November, 1904. The defendant contends that he was not, for two reasons: First, because there was no vacancy in the office to be filled at that election, and second, because, if there was such a vacancy, the Legislature had not made any provision whatever for filling it. The first of these reasons is based necessarily upon the assumption that when Judge Peebles appointed the defendant, Oliver L. Eowland, to…
2Cases cited17 opinions
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
- Adsit v. OsmunMichigan Supreme Court · 1891
- People Ex Rel. Davies v. CowlesNew York Court of Appeals · 1856
- People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875
- State ex rel. Weeks v. GambleSupreme Court of Florida · 1869
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- State ex rel. Patterson v. LentzMontana Supreme Court · 1915
- State Ex Rel. Attorney-General Ex Rel. Owens v. ChaplinSupreme Court of North Carolina · 1948
- Hill v. . SkinnerSupreme Court of North Carolina · 1915
- Smith v. Town of CaroLina BeachSupreme Court of North Carolina · 1934
14 more not listed; retrieve them via the Exa API.