Cozart v. . Fleming
Supreme Court of North Carolina
Civil actiojst, in a contested election, for the office of Sheriff of Granville County, heard before Timberlake, J*, at Chambers in Roxboro, November 16, 1898, on application by plaintiff for orders of restraint.
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Civil actiojst, in a contested election, for the office of Sheriff of Granville County, heard before Timberlake, J*, at Chambers in Roxboro, November 16, 1898, on application by plaintiff for orders of restraint. The plaintiff, Sheriff of Granville County, alleges in his complaint, that he was a candidate for re-election on November 8, 1898, and that the defendant S. A. Fleming was his competitor — and from the precinct returns sent' to the Clerk of the Court, J. M. Sikes, as added up by him on November 10th, 1898, it appeared that the plaintiff and Fleming had each received 2216 votes, being…
1Dissent · MontgomeryMontgomery, J.
A proceeding in the nature of quo warranto cannot be maintained, where the defendant is not in possession of the office, and where the action is brought before the term of the office is to begin. CLARK, J., delivers the opinion of the Court.
1Dissent · MontgomeryMontgomery, J.
The clerk of the Superior Court of Granville County upon tabulating the returns of the recent election for sheriff of that county, ascertained that there was an equal number of ballots cast for the relator and for his competitor, the defendant Fleming, and was about to proceed to order a new election to be held for that office as required by the statute;…
3Cases cited7 opinions
- People ex rel. Keeler v. RobertsonMichigan Supreme Court · 1873
- Patterson v. . HubbsSupreme Court of North Carolina · 1871
- State Ex Rel. Gatling v. BooneSupreme Court of North Carolina · 1887
- Swain v. . McRaeSupreme Court of North Carolina · 1879
- Woodward v. Van HoySupreme Court of Missouri · 1870
2 more not listed; retrieve them via the Exa API.
4Cited by5 opinions
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- Bennett Trust Co. v. SengstackenOregon Supreme Court · 1911
- State Ex Rel. Cohoon v. SwainSupreme Court of North Carolina · 1939
- Newsome v. North Carolina State Board of ElectionsCourt of Appeals of North Carolina · 1992
- State Ex Rel. Barnett v. MidgettSupreme Court of North Carolina · 1909