Legal Opinion

State Ex Rel. Foard v. Hall

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 14 opinions

This was a quo warranto, heard upon complaint and demurrer at the August Term, 1892, of Guilford Superior Court, before Connor, J. The facts are set out in the opinion.

1Opinion of the Court

Clark, J.:

This is a quo warranto brought by a citizen,, who is also a qualified voter and taxpayer of the city of Greensboro, upon leave granted by the Attorney General, against the defendant, who is Chief of Police of that city.

The first ground of demurrer is that the relator does not allege that he is entitled to the office or has any interest in its emoluments, and therefore is n*ot a proper relator. It is not necessary that the relator should have such interest. The Code, § 607, provides that the “action may be brought by the Attorney General in the name of the State, upon his own…

2Cases cited4 opinions

  1. Churchill v. WalkerSupreme Court of Georgia · 1882
  2. Ellison v. Aldermen of RaleighSupreme Court of North Carolina · 1883
  3. Saunders v. . GatlingSupreme Court of North Carolina · 1879
  4. Magwire v. TylerSupreme Court of Missouri · 1857

3Cited by14 opinions

  1. State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
  2. State v. HordSupreme Court of North Carolina · 1965
  3. State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
  4. State Ex Rel. Hines v. VannSupreme Court of North Carolina · 1896
  5. Midgett v. . GraySupreme Court of North Carolina · 1912

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