State, by the At. Gen'l, Hargrove, Lee v. . Dunn
Supreme Court of North Carolina
This was a oivil ACTION, tried before Ilenry, J~., at January (Special) Term, 1875, of Waxe Superior Court. The relief demanded was that the defendant be ousted and ejected from the office of sheriff of the county of Wake, which office he, at the institution of this action, held by appointment of the county commissioners.
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This was a oivil ACTION, tried before Ilenry, J~., at January (Special) Term, 1875, of Waxe Superior Court. The relief demanded was that the defendant be ousted and ejected from the office of sheriff of the county of Wake, which office he, at the institution of this action, held by appointment of the county commissioners. The facts as settled by his Honor and sent up as a part of the record, are as follows:. It was admitted that the relator had been, before the election in August, (1874,) elected sheriff of Wake county, and had! held the office for two years preceding. During this period he…
1Opinion of the CourtReade, J.
We have decided at this term, in Van Bokleden v. Ganaclaij, that it is not within the power of the Legislature to enlarge or abridge the qualifications of voters; and the same is evidently true as to officers. It is admitted that the same arguments and principles are applicable to each. If, therefore, the Act of the Legislature, and the Board of Commissioners acting under it, required of the relator any other qualification than the Constitution requires, it must be disregarded ; and he must be inducted into office, whatever charges there may be against him ; or, however well supported. If the…
Also in this document: Per curiam.
2Cited by21 opinions
- Baker v. MartinSupreme Court of North Carolina · 1991
- State ex rel. Workman v. GoldthaitIndiana Supreme Court · 1909
- Dean v. PaolicelliSupreme Court of Virginia · 1952
- State Ex Rel. Spruill v. BatemanSupreme Court of North Carolina · 1913
- Hudson v. McArthurSupreme Court of North Carolina · 1910
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