Buckman v. Commissioners of Beaufort
Supreme Court of North Carolina
Controversy submitted without action under C. C. P., § 315, at Fall Term, 1878, of Beaufort Superior Court, before Eure, J. The plaintiff was elected clerk of the superior court at the election held in August last, and was'' so declared by the board of county canvassers as required by law.
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Controversy submitted without action under C. C. P., § 315, at Fall Term, 1878, of Beaufort Superior Court, before Eure, J. The plaintiff was elected clerk of the superior court at the election held in August last, and was'' so declared by the board of county canvassers as required by law. At the meeting of the county commissioners held on the first Monday of September following, he appeared and tendered his official bond with sureties which were unsatisfactory to the defendants and they refused to accept it. The session of the commissioners was prolonged to a late hour on Tuesday afternoon,…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) Upon these facts the only question presented for our determination is: Had the commissioners the power at their October session to act in the premises and induct the plaintiff into the office to which he has been elected ?
It is obvious that no final disposition was intended to be made of the case at the time of the adjournment,' when further time was allowed the plaintiff to comply with the requirements of the law. As he could not know in advance whether the sureties pffered and deemed by himself sufficient would be satisfactory to the commissioners, it was…
2Cases cited1 opinion
- Grady v. . Commissioners of LenoirSupreme Court of North Carolina · 1876
3Cited by11 opinions
- McCormac v. Commissioners of RobesonSupreme Court of North Carolina · 1884
- Barnes v. Commissioners.Supreme Court of North Carolina · 1904
- Glenn v. Commissioners.Supreme Court of North Carolina · 1905
- In Re T. J. ParkerSupreme Court of North Carolina · 1919
- State Ex Rel. Burke v. Commissioners of Bessemer CitySupreme Court of North Carolina · 1908
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