Hannon v. Commissioners of Halifax
| Decision Date | 31 October 1883 |
| Citation | 89 N.C. 123 |
| Court | North Carolina Supreme Court |
| Parties | JOHN H. HANNON v. COMMISSIONERS OF HALIFAX. |
OPINION TEXT STARTS HERE
CIVIL ACTION in which application is made for the writ of mandamus, heard at Chambers in Halifax on the 10th of May, 1883, before Philips, J.
The application for the writ was refused, and the plaintiff appealed.
Messrs. Mullen & Moore, Day & Zollicoffer and J. E. O'Hara, for plaintiff .
Messrs. Walter Clark and R. O. Burton, Jr., for defendants .
After the adjudication in the superior court in the action instituted by the plaintiff against the incumbent of the office of register of deeds, amoving him therefrom, and declaring the plaintiff entitled thereto, and from which the defendant had appealed to this court, the plaintiff laid a copy of the record of the judgment before the county commissioners, and offered to take the oath and give the bond required by law, in order to his induction. The commissioners refused to act in the premises, upon the ground that the contest in regard to the office was still pending, and the right of the plaintiff yet undetermined.
The plaintiff thereupon brought this action against them, and in his complaint demands a writ of mandamus to compel them to admit him to the office.
Upon the hearing of the application, His Honor declined to order the issue of the writ, and from this ruling the plaintiff appeals.
The only question before us is as to the effect of the appeal upon the judgment in the court below, and whether thereby all further proceedings for its enforcement are suspended, or it remains still in force and warrants the present application.
The action to recover the usurped office, and to which this is subsidiary, seems not to be provided for in the several sections of the Code (304, 305, 306 and 307), which prescribe the undertaking to be given, and the acts to be done, in order that the appeal shall operate as a supersedeas in the case.
Execution is stayed on compliance with the conditions mentioned, when the judgment directs the payment of money (§304); or the assignment or delivery of documents or personal property (§305); or the execution of a conveyance or other instrument (§306); or the sale or delivery of possession of real property (§307). The judgment in a proceeding to recover possession of an usurped office, is self-executing, and operates itself as ouster of the defendant, requiring no further and final process to render it effectual.
It is not, therefore,...
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State v. Chambers
...saved in the record as to this matter. The trial judge is vested with much discretion in the conduct of judicial proceedings. (Hannon v. Hallifax, 89 N.C. 123.) He may properly admonish the jury as to the desirability and importance of agreeing on a verdict, and may urge them to make every ......
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