Opinion
(January Term, 1873.)
(For a digest of this case, see the syllablus [syllabus] in Nichols v. McKee, ante, 429, and also Welker v. Bledsoe, ante, 457.)
The defendants were Directors of the Lunatic Asylum, appointed under the Act of 1871, and had served as a Board up to the institution of the present proceedings.
The plaintiffs, as in the cases cited in the opinion of the Court, were appointed by the Governor, 1st March, 1872, and demanded a surrender of the Government of the Asylum. This demand was refused.
The facts agreed, being heard by Watts, J., at Chambers, on 21 January, 1873, his Honor gave judgment in favor of the plaintiff. Defendants appealed.
Fowle and Merrimon for appellants.
Batchelor, Edwards Batchelor, contra.
The questions in this case are substantially the same as in Nichols v. McKee, ante, 429 and Welker v. Bledsoe, ante, 457, and are governed by the same principles and for the same reasons.
There will be judgment that the defendants be excluded from said office, and that the plaintiffs recover cost.
PER CURIAM. Affirmed.
Cited: Welker v. Bledsoe, ante, 465; Brown v. Turner, 70 N.C. 107; Day's case, 124 N.C. 377.
(472)