Lyon v. Board of Commissioners
Supreme Court of North Carolina
Civil aotioN, for mandamus, tried before Allen, J., at January Term, 1897, of GraNville Superior Court, on an agreed statement of facts which are summarized in the opinion of the court.
Read the full summary
Civil aotioN, for mandamus, tried before Allen, J., at January Term, 1897, of GraNville Superior Court, on an agreed statement of facts which are summarized in the opinion of the court. His Honor adjudged as follows: “That the plaintiffs, W. T. Lyon and G. B. Royster, are entitled to be forthwith reinstated and restored to their said office as Commissioners, and the said defendants are ordered and directed forthwith, upon the service of a copy of this decree upou them by the sheriff of Granville county, which copy shall be made and prepared by the Clerk of this court, to reinstate, reinduct…
1Opinion of the Court
(Syllabus by FAIRCLOTH, C. J.) The plaintiffs instituted this action alleging that they were duly andlegally appointed Commissioners of Granville County by the resident Judge of the Fifth Judicial District, by virtue of the power vested in him by Laws 1895, chap. 135, praying for a mandamus compelling the defendants to restore them to their said office and to permit them to participate in all respects in the deliberations of the Board of Commissioners for the county. The defendants deny the plaintiff's right to be inducted into office on the ground that the Judge had no authority to make the…
2Cases cited5 opinions
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875
- Doyle v. Aldermen of RaleighSupreme Court of North Carolina · 1883
- Worthy v. . Barrett and OthersSupreme Court of North Carolina · 1869
- State Ex Rel. Kelly v. Justices of Mocre CountySupreme Court of North Carolina · 1842
3Cited by13 opinions
- Hamlet Hospital v. Joint Committee on StandardizationSupreme Court of North Carolina · 1952
- Steele v. Locke Cotton Mills Co.Supreme Court of North Carolina · 1950
- State v. . BlakeSupreme Court of North Carolina · 1911
- Jarrell v. . SnowSupreme Court of North Carolina · 1945
- Newell v. . GreenSupreme Court of North Carolina · 1915
8 more not listed; retrieve them via the Exa API.