Carr v. Coke
Supreme Court of North Carolina
{Avery and Clark, J. J., dissent, corguendo.) ActioN by Elias Carr against Octavius Coke, Secretary of State, for a mandamus, &c., heard before Starbuok, J., at April Term, 1895, of Waxe Superior Court.
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{Avery and Clark, J. J., dissent, corguendo.) ActioN by Elias Carr against Octavius Coke, Secretary of State, for a mandamus, &c., heard before Starbuok, J., at April Term, 1895, of Waxe Superior Court. Complaint was as follows : “The plaintiff, in behalf of himself and all other citizens of the State of Nort*h Carolina, complaining, alleges : “1. That defendant is Secretary of State of North Carolina, and by virtue of his office has the custody of all the Acts passed by the Legislature of 1895, or which purport to have been passed by it. “2. That it becomes his duty by law to deliver…
1Opinion of the Court
Eaircloth, O. J.:
The plaintiff, as a citizen and taxpayer of the State, brings this action against the defendant as Secretary of State, who by virtue of his office is the custodian of all Acts passed by the Legislature, or which purport to have been passed, whose duty it is to deliver certified copies of said Acts to the Public Printer for publication. The prayer is that the defendant show cause why a peremptory mandamus shall not issue to compel him to remove the act under consideration from his files, and why he should not be enjoined from delivering a certified copy of the same to the…
2Cases cited4 opinions
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- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Ex parte WrenMississippi Supreme Court · 1886
- State Ex Rel. Scarborough v. RobinsonSupreme Court of North Carolina · 1879
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