People Ex Rel. Worley v. Smith
Supreme Court of North Carolina
Civil Action in the nature of Quo Warranto tried at Spring Term, 1879, of Jones Superior Uourt, before Seymour, J. This action was brought to try the title to the office of sheriff of Jones county, and upon the facts set out in the opinion of this court, His Honor held that the first term of office of Nathan McDaniel, deceased, did not expire until December, 1878; that the appointment of the plaintiff was for the unexpired term of McDaniel under his first election and…
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Civil Action in the nature of Quo Warranto tried at Spring Term, 1879, of Jones Superior Uourt, before Seymour, J. This action was brought to try the title to the office of sheriff of Jones county, and upon the facts set out in the opinion of this court, His Honor held that the first term of office of Nathan McDaniel, deceased, did not expire until December, 1878; that the appointment of the plaintiff was for the unexpired term of McDaniel under his first election and plaintiff’s term of office expired on the first Monday of December, 1878 ; that the defendant, being duly appointed to and…
1Opinion of the Court
Smith, G. J.
Nathan McDaniel, sheriff of Jones county, at the election held in August, 1878, was re-elected for the ensuing term. On the first Monday in September following he appeared before the board of county commissioners and tendered his official bonds, which were accepted, and took the prescribed oath. Sometime during the month he died and on the 7th day of October the commissioners appointed the relator, Thos. Worley, to fill the vacancy, and he was duly qualified as such on the 16th day of October.
At the meeting of the commissioners on the first Monday in December, they elected the…
2Cases cited3 opinions
- People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875
- Dixon v. Commissioners of BeaufortSupreme Court of North Carolina · 1879
- State Ex Rel. Sneed v. BullockSupreme Court of North Carolina · 1879
3Cited by6 opinions
- Ballantyne v. BowerWyoming Supreme Court · 1909
- Coler v. Board of Com'rs of Stanly CountyU.S. Circuit Court for the District of Western North Carolina · 1898
- Toy, Ex Rel. Elliott v. VoelkerMichigan Supreme Court · 1935
- Carswell v. Town of MorgantonSupreme Court of North Carolina · 1952
- Freeman v. . Board of ElectionsSupreme Court of North Carolina · 1940
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