Fortune v. Commissioners.
Supreme Court of North Carolina
ActioN for a mandamus by A. B. Fortune against Board of County Commissioners of Buncombe, pending in the Superior Court of Buncombe, and beard by Judge Fred Moore, by consent, at Chambers in Asheville, on August 14, 1905. The case was heard upon a case agreed which was as follows: 1. That A. B. Fortune is the register of deeds for the county of Buncombe, duly qualified and elected, and as such has been performing the duties incident to said office since the first Monday of…
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ActioN for a mandamus by A. B. Fortune against Board of County Commissioners of Buncombe, pending in the Superior Court of Buncombe, and beard by Judge Fred Moore, by consent, at Chambers in Asheville, on August 14, 1905. The case was heard upon a case agreed which was as follows: 1. That A. B. Fortune is the register of deeds for the county of Buncombe, duly qualified and elected, and as such has been performing the duties incident to said office since the first Monday of December, 1904, and that his term of office will not expire until the first day of December, 1906. 2. That M. L. Eeed, C.…
1Opinion of the Court
Walker, J.,
after stating the facts: The correctness of the principles by which statutes should be construed, as stated with much clearness in the brief of the plaintiff’s counsel, may be readily conceded, and yet we are of opinion, if the statute in question is examined in the light of those principles, the plaintiff has not shown himself entitled to the relief which he seeks. Some of the cardinal rules for the interpretation of a statute are that it should be construed with reference to its general scope and the intent of the Legislature in enacting it and, in order to ascertain what was the…
2Cases cited3 opinions
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- State Ex Rel. Bunting v. GalesSupreme Court of North Carolina · 1877
- School Directors of District No. 5 v. School Directors of District No. 10Illinois Supreme Court · 1874
3Cited by35 opinions
- River Birch Associates v. City of RaleighSupreme Court of North Carolina · 1990
- State v. . BarksdaleSupreme Court of North Carolina · 1921
- Abernethy v. Board of CommissionersSupreme Court of North Carolina · 1915
- Carolina Beach Fishing Pier, Inc. v. Town of Carolina BeachSupreme Court of North Carolina · 1968
- State v. . EarnhardtSupreme Court of North Carolina · 1915
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