In Re Tate

Supreme Court of North Carolina

In Re Tate

63 N.C. 308

CourtSupreme Court of North Carolina

DecidedJanuary 5, 1869

StatusPublished

Cited by1 cases

This text of 63 N.C. 308 (In Re Tate) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Tate, 63 N.C. 308 (N.C. 1869).

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Opinion

Reade, J.

The petitioner was a county attorney before the 'rebellion, and took part in that rebellion by serving in the ■Confederate army, voluntarily, as we take it. He now seeks to .be admitted into the office of Solicitor for the State in the 12th Judicial District.

We are of the opinion that he is disqualified from holding office under the 14th Amendment of the Constitution of the ¿United States. The opinion in the case of Worthy v. Barrett .and others, ante 199, is referred to as establishing the rule in fthis case. The prayer for a mandamus must be refused.

Per Curiam. * Petition dismissed with costs.

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Reade, J.

The petitioner was a county attorney before the 'rebellion, and took part in that rebellion by serving in the ■Confederate army, voluntarily, as we take it. He now seeks to .be admitted into the office of Solicitor for the State in the 12th Judicial District.

We are of the opinion that he is disqualified from holding office under the 14th Amendment of the Constitution of the ¿United States. The opinion in the case of Worthy v. Barrett .and others, ante 199, is referred to as establishing the rule in fthis case. The prayer for a mandamus must be refused.

Per Curiam. * Petition dismissed with costs.

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Bluebook (online)

63 N.C. 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tate-nc-1869.

Opinion

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