State Ex Rel. Wright v. Spires
Supreme Court of North Carolina
Appeal from Ward, J., September Term, 1909, of Pasquo-TANK. This was a civil action in the nature of quo warranto, to try the title to the office of Alderman of the City of Elizabeth City. The election was held on 11 May, 1909, pursuant to the charter of the city, at which the relator, M. Gr. Wright, and C. 0. Spires were opposing candidates for election as alderman of tbe Seventh Ward in said city. Tbe relator received 66 votes; tbe defendant 44 votes.
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Appeal from Ward, J., September Term, 1909, of Pasquo-TANK. This was a civil action in the nature of quo warranto, to try the title to the office of Alderman of the City of Elizabeth City. The election was held on 11 May, 1909, pursuant to the charter of the city, at which the relator, M. Gr. Wright, and C. 0. Spires were opposing candidates for election as alderman of tbe Seventh Ward in said city. Tbe relator received 66 votes; tbe defendant 44 votes. Tbe judges of tbe election certified tbis result to tbe board of canvassers of the election. This board rejected all the ballots cast for…
1Opinion of the CourtManning, J.
The particular provision of the charter of Elizabeth City p'ertinent to the question presented by this appeal is section 22, chapter 290, Private Laws 1909, and reads as follows: “All ballots shall be printed or written, or partly printed and partly written, upon white paper, and shall be without device, mutilation or ornamentation, the. size of the ballots to be fixed by the board of aldermen at same meeting at which election is called.”
Section 25 contains the following dire'ctions to be observed at the count of the ballots: “And if there shall be two or more ballots rolled up together, or…
2Cases cited7 opinions
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