Legal Opinion

State Ex Rel. Rhodes v. Hampton

Supreme Court of North Carolina

Decided September 5, 1888PublishedCited by 8 opinions

This is a civil ACTION, which was tried before Boykin, J., at Spring Term, 1888, of Polk Superior Court. The object of this action, began on March 21st, 1887, is 'to compel the defendant, Sheriff of Polk County, to surrender to the plaintiff the books, papers, moneys and other effects in his hands belonging to the Treasurer’s office, and was tried upon the following agreed facts: That J. W. Plampton is Sheriff of Polk County, North Carolina, and that since 1876 up to…

Read the full summary

This is a civil ACTION, which was tried before Boykin, J., at Spring Term, 1888, of Polk Superior Court. The object of this action, began on March 21st, 1887, is 'to compel the defendant, Sheriff of Polk County, to surrender to the plaintiff the books, papers, moneys and other effects in his hands belonging to the Treasurer’s office, and was tried upon the following agreed facts: That J. W. Plampton is Sheriff of Polk County, North Carolina, and that since 1876 up to November, 1886, the said county had no office of Treasurer, having abolished the same in 1876, and that the Sheriff of the…

1Opinion of the CourtSmith, C. J.

(after stating the case.) By virtue of the authority conferred in an amendment to the Constitution in 1875 — Art. VII, Sec. 14 — the General Assembly, by the Act of February 27th, 1877, modified the first section of that article by omitting therefrom the words “ and five commissioners,” and annexing thereto as follows: “Provided, however, that a majority of the Justices may abolish the office of Treasurer, and thereupon the duties and liabilities now attached to the office shall devolve upon the Sheriff.” Acts 1876-77, ch. 141, sec. 2.

Some doubts being entertained as to the power of the…

2Cases cited1 opinion

  1. People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875

3Cited by8 opinions

  1. State ex rel. Brown v. McMillanSupreme Court of Missouri · 1891
  2. Moreland v. MillenMichigan Supreme Court · 1901
  3. State Ex Rel. Cook v. MearesSupreme Court of North Carolina · 1895
  4. Draper v. State ex rel. PatilloSupreme Court of Alabama · 1911
  5. State ex rel. Hadley v. BurkheadSupreme Court of Missouri · 1905

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API