McCall v. . Webb &8212 No. 1
Supreme Court of North Carolina
M ottoNx IN ttie Cause by the relator, after affirmation of the judgment below in his favor, reported in 125 N. O., 243, heard before McNeill, J., and refused, at August Term, 1899, of the Superior Court, of BuNcombe County. The relator submitted two motions in the cause: (1) To be allowed to amend the complaint alleging the wrongful appropriation by the defendant of the emoluments and fees of the office of Solicitor. (2) Eor a reference to ascertain the am omit thereof.
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M ottoNx IN ttie Cause by the relator, after affirmation of the judgment below in his favor, reported in 125 N. O., 243, heard before McNeill, J., and refused, at August Term, 1899, of the Superior Court, of BuNcombe County. The relator submitted two motions in the cause: (1) To be allowed to amend the complaint alleging the wrongful appropriation by the defendant of the emoluments and fees of the office of Solicitor. (2) Eor a reference to ascertain the am omit thereof. The motion being disallowed, the relator excepted and appealed.
1Opinion of the CourtFurches, J.
This was originally an action in the nature of quo wa/rranto by the State on relation of R. S. McCall against Chías. A. Webb to try the title to the office of Solicitor. Upon the hearing in the court below it was decided that the plaintiff was entitled to the office, and a judgment to that effect was rendered declaring that the defendant was not entitled to the said office, but that McCall, the relator, was —ousting the. defendant from the office and declaring that the relator was entitled to said office, to' perform its duties, and to receive the fees and emoluments thereof. From this…
2Cases cited4 opinions
- Dobson v. . SimontonSupreme Court of North Carolina · 1888
- Pearson v. . CarrSupreme Court of North Carolina · 1887
- State Ex Rel. McCall v. WebbSupreme Court of North Carolina · 1899
- Brendle v. . HerrenSupreme Court of North Carolina · 1887
3Cited by7 opinions
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Dunton v. McCookSupreme Court of Iowa · 1903
- Tussey v. . OwenSupreme Court of North Carolina · 1908
- McCall v. Zachary.Supreme Court of North Carolina · 1902
- McCall v. Webb.Supreme Court of North Carolina · 1904
2 more not listed; retrieve them via the Exa API.