Sullivan v. . Swain

Supreme Court of North Carolina

Sullivan v. . Swain

156 S.E. 129, 199 N.C. 819, 1930 N.C. LEXIS 285

DecidedDecember 10, 1930

StatusPublished

This text of 156 S.E. 129 (Sullivan v. . Swain) 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

Sullivan v. . Swain, 156 S.E. 129, 199 N.C. 819, 1930 N.C. LEXIS 285 (N.C. 1930).

Pincite

Opinion

Application for writ of mandamus to require the defendant, board of elections of Buncombe County, to place the plaintiff's name on a ballot to be used in the Democratic primary, 7 June, 1930, for nomination as candidate for office of judge of the General County Court of Buncombe County in the general election to be held 4 November, 1930, denied because, under the law, it was not clear that the defendant, board of elections, had ruled erroneously in declaring that no election was to be held for said office in 1930, for that the term of the present encumbent did not expire until 31 December, 1931. No primary election was held in June, 1930, for said nomination; and no election was held in November, 1930, for said office.

Plaintiff appeals, assigning error. Dismissed as moot on authority of Pruitt v. Wood, ante, 788, andRasberry v. Hicks, ante, 702.

Appeal dismissed. *Page 820

Free access — add to your briefcase to read the full text and ask questions with AI

Application for writ of mandamus to require the defendant, board of elections of Buncombe County, to place the plaintiff's name on a ballot to be used in the Democratic primary, 7 June, 1930, for nomination as candidate for office of judge of the General County Court of Buncombe County in the general election to be held 4 November, 1930, denied because, under the law, it was not clear that the defendant, board of elections, had ruled erroneously in declaring that no election was to be held for said office in 1930, for that the term of the present encumbent did not expire until 31 December, 1931. No primary election was held in June, 1930, for said nomination; and no election was held in November, 1930, for said office.

Plaintiff appeals, assigning error. Dismissed as moot on authority of Pruitt v. Wood, ante, 788, andRasberry v. Hicks, ante, 702.

Appeal dismissed. *Page 820

Cite This Page — Counsel Stack

Bluebook (online)

156 S.E. 129, 199 N.C. 819, 1930 N.C. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-swain-nc-1930.