Midgett v. . Gray
Supreme Court of North Carolina
Appeal from Qline, J., at Fall Term, 1911, of Dab.e. Civil action in tbe nature of gw warranto, instituted' in tbe name of tbe State on relation of S. E. Midgett, a citizen and taxpayer of Dare County.
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Appeal from Qline, J., at Fall Term, 1911, of Dab.e. Civil action in tbe nature of gw warranto, instituted' in tbe name of tbe State on relation of S. E. Midgett, a citizen and taxpayer of Dare County. There was evidence on tbe part of plaintiff tending to sbow tbat defendant .duly qualified and is bolding tbe office of Clerk of tbe Superior Court of Dare County, and during bis term of said office was appointed to tbe office of sebool committeeman for Public Sebool District, No. 15, for said county, and was qualified and entered upon tbe discharge of tbe duties of tbe last-mentioned office.…
1Opinion of the Court
Hoke, J”.,
after stating tbe case: Our Constitution, Art. XIY, sec. Y, provides tbat, with certain stated exceptions not applicable to present case, “No person who shall bold any office or place of trust or profit under tbe United States or any department thereof, or under this State or under any other State or Government, shall bold or exercise any other office or place o£ trust or profit under the authority of this State or be eligible to a seat in either house of the General Assembly,” etc., and interpreting the provision, we have held, in reference to officers of this State, that the…
2Cases cited5 opinions
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
- State Ex Rel. Foard v. HallSupreme Court of North Carolina · 1892
- Saunders v. . GatlingSupreme Court of North Carolina · 1879
- State Ex Rel. Hines v. VannSupreme Court of North Carolina · 1896
- State Ex Rel. Houghtalling v. TaylorSupreme Court of North Carolina · 1898
3Cited by9 opinions
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- State v. WoodSupreme Court of North Carolina · 1918
- State Ex Rel. Cooper v. CriscoSupreme Court of North Carolina · 1931
- Edwards v. Board of Education of Yancey CountySupreme Court of North Carolina · 1952
- Rogers v. PowellSupreme Court of North Carolina · 1917
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