Meador v. Thomas
| Decision Date | 12 July 1933 |
| Docket Number | 340. |
| Citation | 170 S.E. 110,205 N.C. 142 |
| Parties | MEADOR v. THOMAS. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Alamance County; Barnhill, Judge.
Action by the State, on the relation of L. D. Meador, in the nature of quo warranto, against John S. Thomas. Judgment for defendant, and plaintiff appeals.
Affirmed.
To "elect" is to choose or designate for office by majority or plurality vote.
Civil action in the nature of quo warranto to try the title to the office of judge of the general county court of Alamance county, heard on the following agreed statement of facts:
(1) Plaintiff is a duly licensed attorney at law, practicing in the courts of this state, and is a taxpayer living and residing in the city of Burlington, in Alamance county.
(2) The defendant is a duly licensed attorney at law, practicing in the courts of this state only in such matters as the laws of the state permit a judge of a general county court organized under chapter 216, Public Laws of 1923, and acts amendatory thereof to practice in; and the defendant is a taxpayer living and residing in the city of Burlington, in Alamance county.
(3, 4 5, 6, 7) At regular meetings of the board of commissioners of Alamance county held in the courthouse in Graham the following proceedings were had: (a) On May 5, 1926, the board "elected" the judge of the county court for a period of two years; (b) on May 15, 1928, it "appointed" the judge for a like term; (c) on May 5, 1930, it "elected or appointed" him for the ensuing term; (d) and on May 2, 1932, when the ballots were counted, the defendant was declared "elected" for two years beginning July 1, 1932.
(8) That from and after July 1, 1926, said general county court has been presided over continuously by a judge chosen by the board of commissioners of Alamance county, and that on or about the 1st day of July, 1932, the defendant took the oath of office as judge of the general county court of Alamance county and began the performance of the duties of said office, and has ever since been and is now presiding over said general county court as the judge thereof at all its terms of court.
(9) That at no time have the board of commissioners of Alamance county passed any resolution directing that the judge of the general county court for Alamance county shall be elected by the qualified electors of the county or otherwise than by the board of commissioners themselves.
(10) That, in relation to plaintiff's claim of election by the qualified voters as judge of the general county court for Alamance county, the following things were done:
(a) The plaintiff filed with the board of elections of Alamance county on the -- day of May, 1932, notice that he was a candidate on the Democratic ticket for judge of the general county court of Alamance county.
(b) The board of elections of Alamance county caused plaintiff's name to be printed on the primary ballots voted in the Democratic primary, duly held on the 4th day of June, 1932 (although there was no other person who had filed notice of candidacy) under the heading "Judge of the General County Court," and -- such ballots marked so as to indicate plaintiff as the voters' choice for judge of the general county court were cast in said primary election.
(c) The board of elections of Alamance county, subsequent to the time of holding said primary election, declared plaintiff nominated as Democratic candidate for judge of the general county court of Alamance county.
(d) The board of elections of Alamance county caused plaintiff's name to be printed on the ballots for the general election of county officers of Alamance county on the 8th day of November, 1932, under the heading "Judge of the General County Court," and -- such ballots marked so as to indicate plaintiff as the voters' choice for judge of the general county court were cast in said general election, which was duly held on the 8th day of November 1932. No other person's name appeared on any ballot in said general election as candidate of any other political party for said judgeship. And no ballots were cast containing the name of any other person as a voter's choice for said judgeship.
(e) The board of canvassers for Alamance county certified that the plaintiff received the highest number of votes for judge of the general county court of Alamance county and declared plaintiff elected to such office.
(f) That a specimen or copy of the ballot for county officers voted in the general election in Alamance county on November 8, 1932, is hereto attached and marked Exhibit No. 1.
(11) That the plaintiff was the only person who filed his name as a candidate for judge of the general county court of Alamance county for the primary election in June, 1932, and the defendant had no knowledge prior to the time the ballots for said primary election were printed that plaintiff's name would appear thereon.
(12) The plaintiff made application to Dennis G. Brummitt Attorney General of North Carolina, for leave to bring this action, and filed with said Attorney General a bond in the form required by law, and obtained such leave from said Attorney General, all of which now appears on file in the office of the clerk of the superior court of Alamance county, N. C.
(13) That the defendant before filing his answer in this cause executed and filed in the office of the clerk of the superior court of Alamance county an undertaking with good and sufficient surety in the sum of $200 conditioned as required by Consolidated Statutes, § 878.
It is further stipulated and agreed by and in behalf both of plaintiff and defendant that the resolution passed by the board of commissioners of Alamance county, May 3, 1926, and attached to the answer as Exhibit A, and hereby referred to and made a part of the agreed facts, was sufficient to establish or organize, and did establish or organize, the general county court of Alamance county under the provisions of chapter 216, Public Laws of 1923, and acts amendatory thereof, and said court has ever since been and is now in existence under and by virtue of said resolution of the board of commissioners and said chapter 216, Public Laws of 1923, and acts amendatory thereof, in force at the time of the passage of said resolution and as amended by acts of the General Assembly of North Carolina passed subsequent to the adoption of said resolution.
Upon the foregoing facts the trial court adjudged that the defendant is the duly elected, qualified, and presiding judge of the general county court of Alamance county, that the purported election of the plaintiff is void, and that the action be dismissed. The...
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