Davis v. . Moss
Supreme Court of North Carolina
CONTROVERSY submitted without action under the Code, § 315, and beard at Fall Term, 1878, of Wilson Superior Court, before McKoy, J. The case agreed states : “ On the first Monday of September, 1877, the justices of the peace of Wilson county, in accordance with an act of the general assembly, ratified on the 3rd of March, 1877, entitled an act to establish courts inferior to the supreme court, to be styled ‘the inferior court,’ organized an inferior court by the election of…
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CONTROVERSY submitted without action under the Code, § 315, and beard at Fall Term, 1878, of Wilson Superior Court, before McKoy, J. The case agreed states : “ On the first Monday of September, 1877, the justices of the peace of Wilson county, in accordance with an act of the general assembly, ratified on the 3rd of March, 1877, entitled an act to establish courts inferior to the supreme court, to be styled ‘the inferior court,’ organized an inferior court by the election of three justices and an attorney, but declined to elect a clerk, it being entered of record that the clerk of the…
1Opinion of the CourtDillard, J.
The parties without action presented the question in difference between them to the decision of His Honor on a case agreed in which the facts are substantially as follows: At the organization of the inferior court of the county of Wilson on the first Monday in September, 1877, the justices of the peace declined to electa clerk, but accepted the defendant clerk of the superior court, as ex-officio clerk to the inferior court, took his bond with sureties conditioned for the due performance óf his duties for two years, and inducted him into office. At the general election of county officers on…
2Cases cited2 opinions
- State Ex Rel. Coffield v. McNeillSupreme Court of North Carolina · 1876
- Perry v. . Campbell and OthersSupreme Court of North Carolina · 1869
3Cited by2 opinions
- State v. Alston.Supreme Court of North Carolina · 1900
- Davis v. . MossSupreme Court of North Carolina · 1879