Patterson v. . Murray
Supreme Court of North Carolina
Motion for the taxation of costs, before Howard, J., at the last Fall Term of Alamance Superior Court. The defendant, Murray, received, apparently, a majority of the legal voters for the office of sheriff, in the county of Alamance, and at the next term of the County Court made application to qualify, but was opposed in this by the jdaintiff, Patterson, who had given notice, previously, and specified the grounds of his opposition.
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Motion for the taxation of costs, before Howard, J., at the last Fall Term of Alamance Superior Court. The defendant, Murray, received, apparently, a majority of the legal voters for the office of sheriff, in the county of Alamance, and at the next term of the County Court made application to qualify, but was opposed in this by the jdaintiff, Patterson, who had given notice, previously, and specified the grounds of his opposition. Witnesses were examined, and the matter heard at length, and in the conclusion, the contest was decided in favor of Murray, who gave bonds and was qualified.…
1Opinion of the CourtManly, J.
The ease turns upon the point, whether a contested election to the sheriff’s office, (which according to the Revised Code, chap. 105, section 13, is to be decided by the county court, a majority of the justices being present,) is an action before that tribunal, within the purview of the Code, chapter 31, section 75. Ve think not. The Court has had occasion often to remark, that costs are given in all cases, by virtue of express legislative provisions. The costs, in a controversy of the kind, now before us, is not specially given in the chapter and section of the Code, which establishes the…
2Cited by3 opinions
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