Opinion

State Ex Rel. Kilburn v. Patterson

  • 98 N.C. 593
  • 3 S.E. 491
Court
Supreme Court of North Carolina
Filed
Sep 5, 1887
Status
Published
Author
MerrimoN
On the bench
MerrimoN
Cited by
1 cases
Authority
More cited than 47.7%

The opinion

MerrimoN, J.

This case is substantially like that of

Gatling

v.

Boone,

decided at the present term, and must be governed by it.

The second ground of demurrer assigned is, that the complaint does not allege specifically in what respects the Board of County Canvassers erred in rejecting the returns from certain voting places mentioned. Such allegations were not. necessary, because the decision of the Board was not conclusive, and the purpose of this action is not to have the Court below, as a court of errors, correct particular errors of the-Board, but to ascertain and determine the result of the elec

*594

tion in question, and whether the relator was elected, as he alleges he was, and if so, to require that he be inducted into the office, according to law.

There is no error, and the judgment must be affirmed.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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