C. C. Clark and Others v. . E. R. Stanley and Others
Supreme Court of North Carolina
This was an action in the nature of a Quo Warranto brought by the relators of the plaintiff against the defendants. The summons, was returnable t.o Pall Term 1871 of Craven Superior Court.
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This was an action in the nature of a Quo Warranto brought by the relators of the plaintiff against the defendants. The summons, was returnable t.o Pall Term 1871 of Craven Superior Court. Before the application of the relators of the plaintiff an order of injunction had been issued by Ilis Hon- or, R. P. Dick, restraining the defendants from leasing or disposing of the property and franchise of the Atlantic and North Carolina Railroad Company to the Pennsylvania Central Railroad Company or to any other person until the further order of the Judge of the 3d Judicial District. At the return…
1Opinion of the CourtPeaesoN, C. J.
“ The Governor shall nominate, and by and with the advice and consent of a majority of the Senators elect, appoint all officers whose offices are established by this Constitution, which shall be created by law, and whose appointments are not otherwise provided for, and no such officer shall be appointed or elected by the General Assembly.”— Art. iii, section 10, of the Constitution.
The words — “ whose appointments are not otherwise provided for,” — evidently moan : provided for by the Constitution, and the words : “ No such officer shall be appointed or elected by .the General Assembly,” are…
2Cases cited1 opinion
- Worthy v. . Barrett and OthersSupreme Court of North Carolina · 1869
3Cited by74 opinions
- Springer v. Government of Philippine IslandsSupreme Court of the United States · 1928
- Richardson v. YoungTennessee Supreme Court · 1909
- Malone v. WilliamsTennessee Supreme Court · 1907
- State ex rel. Clyatt v. HockerSupreme Court of Florida · 1897
- State ex inf. Hadley v. WashburnSupreme Court of Missouri · 1902
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