State Ex Rel. Bunting v. Gales
Supreme Court of North Carolina
Civil ActioN in the nature of a Quo Warranto tried at Spring Term, 1877, of Ware Superior Court, before Bux-ton, J. This action was instituted by the relator, John N. Bunting, Clerk of the Superior Court of Wake County, to test the right of the defendant, Weston R. Gales, to hold the office of Clerk of the Criminal Court of Wake County, which Court was created under an Act of the General Assembly.
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Civil ActioN in the nature of a Quo Warranto tried at Spring Term, 1877, of Ware Superior Court, before Bux-ton, J. This action was instituted by the relator, John N. Bunting, Clerk of the Superior Court of Wake County, to test the right of the defendant, Weston R. Gales, to hold the office of Clerk of the Criminal Court of Wake County, which Court was created under an Act of the General Assembly. (Laws 1876-7, ch. 271.) The- plaintiff claimed that under the amended Constitution, Art. IY, § S3, the General Assembly had no right during his term of office to deprive him as Clerk of Wake…
1Opinion of the CourtRodman, J.
It will not be necessary for the decision of this case to review the judgment in Hoke v. Henderson, 4 Dev. 1. In this case the Legislature has not put another man in the office of the plaintiff. It has' merely created another Court and transferred to it a portion of the jurisdiction of the Superior Court of Wake, of which plaintiff is Clerk, and appointed the defendant, Clerk of the new Court, théreby incidentally depriving the plaintiff of certain fees which, but for the establishment of such new Court with a separate Clerk, the plaintiff would have received. It has done this under a clause…
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