McCullers v. Board of Commissioners
Supreme Court of North Carolina
Appeal from Peebles, J., at October Term, 1911 of Wake. This is a proceeding for mandamus to compel tbe defendant board to admit plaintiff to the office of Superintendent of Health of Wake County and to compel the said board to audit his accounts for services. The judgment was rendered denying the relief prayed and dismissing the proceedings.
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Appeal from Peebles, J., at October Term, 1911 of Wake. This is a proceeding for mandamus to compel tbe defendant board to admit plaintiff to the office of Superintendent of Health of Wake County and to compel the said board to audit his accounts for services. The judgment was rendered denying the relief prayed and dismissing the proceedings. This cause coming on to be heard by me in chambers at Raleigh, Thursday and Friday, November 23 and 24, 1911. After hearing complaint, answer, affidavits, and argument of counsel on both sides, by consent of both sides I took the papers with me in order…
1Opinion of the CourtBbowN, J.
The plaintiff derives his title to the office of Superintendent of Health of Wake County by apqiointment of the Secretary of the State Board of Health, under chapter 62, sec. 9, Public Laws of 1911, which provides that if the county board of health of any county shall fail to elect a county superintendent of health within two calendar months of the time fixed by the statute when spch election shall take place, the said secretary of the State board shall appoint.
The defendant board of commissioners passed a resolution undertaking to appoint a superintendent of health and to fix his salary. In…
2Cases cited8 opinions
- Bridges v. ShallcrossWest Virginia Supreme Court · 1873
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
- Doyle v. Aldermen of RaleighSupreme Court of North Carolina · 1883
- Attorney-General ex rel. Wilkins v. ConnorsSupreme Court of Florida · 1891
- Sharpe v. RobertsonSupreme Court of Virginia · 1849
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3Cited by17 opinions
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- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- Hancock v. Davidson CountyTennessee Supreme Court · 1937
- State v. . GosnellSupreme Court of North Carolina · 1935
- Freeman v. . Comrs. of MadisonSupreme Court of North Carolina · 1940
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