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Bailey v. Caldwell

Supreme Court of North Carolina
Jan 1, 1873
68 N.C. 471 (N.C. 1873)

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)


Summaries of

Bailey v. Caldwell

Supreme Court of North Carolina
Jan 1, 1873
68 N.C. 471 (N.C. 1873)
Case details for

Bailey v. Caldwell

Case Details

Full title:THE PEOPLE OF NORTH CAROLINA ex rel. R. C. BADGER and others v. C. E…

Court:Supreme Court of North Carolina

Date published: Jan 1, 1873

Citations

68 N.C. 471 (N.C. 1873)