Legal Opinion

State Ex Rel. Cook v. Meares

Supreme Court of North Carolina

Decided February 5, 1895Published

AotioN in the nature of a quo warranto on the relation of C. ,A. Cook against O. P. Meares to test defendant’s right to the office of Judge of the Circuit Criminal Court composed of the counties of Craven, New Hanover, Meck-lenburg, Vanee, Warren, Robeson, Edgecombe and Halifax, heard before Hdhe, J., at April Term, 1895, of New Hanover Superior Court.

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AotioN in the nature of a quo warranto on the relation of C. ,A. Cook against O. P. Meares to test defendant’s right to the office of Judge of the Circuit Criminal Court composed of the counties of Craven, New Hanover, Meck-lenburg, Vanee, Warren, Robeson, Edgecombe and Halifax, heard before Hdhe, J., at April Term, 1895, of New Hanover Superior Court. The facts appear in the judgment of His Honor, which was as follows: “ This cause came on to heard before His Honor, W. A. Soke, Judge, both parties being present in person and by counsel, and having consented that all questions of law and fact…

1Opinion of the Court

Eueohes, J.:

This is an action in the nature of quo warranto for the office of Judge of the Circuit Criminal Court composed of the County of New Hanover and others.

It appears that the General Assembly on the 8th of March, 1895, completed the passage of an Act, through both of its Houses, establishing this “ Circuit Criminal Court.” But this act was not signed and ratified by the *585President of the Senate and Speaker of the House until the 12th of March, 1895. That in this act the Legislature declared there should be one Judge for this criminal district, to be elected by the Legislature. That in…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
  2. Kimberlin v. State ex rel. TowIndiana Supreme Court · 1892
  3. State Ex Rel. Scarborough v. RobinsonSupreme Court of North Carolina · 1879
  4. State v. . PattersonSupreme Court of North Carolina · 1887
  5. State Ex Rel. Rhodes v. HamptonSupreme Court of North Carolina · 1888

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