73 S.E. 791 | N.C. | 1912
Quo warranto, instituted in the name of the State on relation of S.E. Midgett, a citizen and taxpayer of DARE.
There was evidence on the part of plaintiff tending to show that defendant duly qualified and is holding the office of Clerk of the Superior Court of Dare County, and during his term of said office was appointed to the office of school committeeman for Public School District, No. 15, for said county, and was qualified and entered upon the discharge of the duties of the last-mentioned office. There was allegation, with evidence, on part of defendant, to the effect that said defendant had not duly qualified as school committeeman, nor had he acted as such officer. On the issue joined there was verdict for defendant, and plaintiff excepted and appealed, assigning errors.
After stating the case: Our Constitution, Art. XIV, sec. 7, provides that with certain stated exceptions not applicable to present case, "No person who shall hold any office or place of trust or profit under the United States or any department thereof, or under this State or under any other State or Government, shall hold or exercise any other office or place of trust or profit under the authority of this (135) State or be eligible to a seat in either house of the General Assembly, " etc., and interpreting the provision, we have held, in reference to officers of this State, that the acceptance and qualification for a second office ipso facto vacates the first. Connor Cheshire on the Constitution, p. 445; Barnhill v. Thompson,
Action dismissed.
(136)