Legal Opinion

State Ex Rel. Greene v. Owen

Supreme Court of North Carolina

Decided November 21, 1899PublishedCited by 18 opinions

Civil. ActiON in the nature of quo warranto to try the title to the office of County Board of School Directors of Davidson County, heard upon the pleadings by Robinson, <7., at Fall Term, 1899, of the Superior Court of DavidsoN County.

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Civil. ActiON in the nature of quo warranto to try the title to the office of County Board of School Directors of Davidson County, heard upon the pleadings by Robinson, <7., at Fall Term, 1899, of the Superior Court of DavidsoN County. The complaint alleged that the plaintiffs were rightfully entitled to the office under provisions of the Act of 1891, chap. 108, and were wrongfully excluded therefrom by defendant claiming under legislation of 1899. The answer alleges that the defendants are legally in possession and entitled to the office; that the Act of 1897, chap. 108, was repealed by the…

1Opinion of the Court

The complaint alleged that the plaintiffs were rightfully entitled to the office under provisions of the act of 1897, ch. 108, and were wrongfully excluded therefrom by defendant claiming under legislation of 1899.

The answer alleges that the defendants are legally in possession (213) and entitled to the office; that the act of 1897, ch. 108, was repealed by the act of 1899, ch. 374, and that they were themselves elected by the Legislature of 1899 as the County Board of School Directors. It also alleges that none of the plaintiffs were original appointees, and that two of them, Greene and…

2Cases cited43 opinions

  1. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  2. Packet Co. v. KeokukSupreme Court of the United States · 1877
  3. Hoke v. . HendersonSupreme Court of North Carolina · 1833
  4. C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
  5. Simonton v. . LanierSupreme Court of North Carolina · 1874

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3Cited by18 opinions

  1. Mial v. Ellington.Supreme Court of North Carolina · 1903
  2. Keith v. . LockhartSupreme Court of North Carolina · 1916
  3. Touart v. State ex rel. CallaghanSupreme Court of Alabama · 1911
  4. R. R. v. . ReidSupreme Court of North Carolina · 1924
  5. Rodman-Heath Cotton Mills v. Town of WaxhawSupreme Court of North Carolina · 1902

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