The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-02-17
A CONTESTED ELECTION.
QUINN ADJuDGED ENTITLED TO
OFFICE or CLERK.
The Case Came from Cleveland Coun-
ty and Has Been in the Courts
Ever Since 1894.

A contested election case of long stand
ing-Quinn VS.. Lattimore-was finally
decided by the Supreme court yesterday,
Judge Furches writing the decisions.
The action was brought by quo war
ranto for the purpose of trying the title
to the office Of clerk of the Superior
court of Cleveland county, resulting from
the election of 1894. Quinn is a Populist
and baltimore Democrat.
The judgment of the court is that
Quinn was duly elected to the Office of
clerk OF the Superior court of Cleveland
county, and is entitled to the same, and
the fees and emoluments Thereof from the
first Monday in December, 1894, and for
the next four years then next ensuing
The principal ground for contention be-
tween the parties in this case were four:
~. As to persons who registered and
voted in other townships than those in
which they resided; %, as to those who
were irregularly registered; 90, an altera-
ton in five votes in township No. e af-
ter they had been counted and announc-
ed; a., an alteration of six votes in No.
township after they had been counted
and announced.
This case was fought out in the SUI
perior court and then referred by con-
sent to Judge Aristead Burwell, and
then an appeal taken to the Supreme
court According to the referees report,
the plaintiff was elected by nine ma
jority, and according to the findings and
judgment of the court the defendant was
elected by 30 majority The case pre-
scented to the Supreme court on appeal,
including the report of the referee, the
judges findings exceptions and briefs,
contains 1853 pages of printed matter.
The Supreme court sustains Judge
Burwell
In defendants appeal in this same
case it was adjudged that he should re-
cover his costs Of this appeal
OPINIONS HANDED DOWN.
Opinions were handed down as f5l
lows by the Supreme court yesterday af-
ternoon;
Wool vs.. Edenton, from Chowan af-
firmed.
Quinn vs.. baltimore, from Cleveland,
decided in favor of plaintiff
Nichols vs.. Speller, from BERTHE, az
frmed.
Wilson vs.. Manufacturing Company,
from BERTHE, affirmed
Messic vs.. Railroad, from Craven af-
frmed.
Wilson Is. Leary, from BERTHE. reyers-
ed.
Hardison vs. Railroad from Craven,
new trial
state Is. Moore, from Halifax. af-
firmed.
State vs. Morgan. from Beaufort, APP
peal dismissed
Morrisett vs. Ferebee, from Camden,
error.
Hinton VS.. Pritchard, from Pasquo-
tank, error
Daniels vs. Fowler, from Pamlico, af-
firmed
Midget vs.. Twlford, from Dare, no
error.
Arringdale VS.. Lumber Company, from
Halifax, no error.
In re Sutton Davis will reversed.
State ex rel Blount VS. Pamlico county,
former decision sustained
CASES HEARD YESTERDAY.
The cases heard yesterday from the
Third district were
State ys. Hinnant, argued by Attorney
General for the State.
Stern VS.. Austern, argued by Mae
Rae and Day for appellant; Pittman
and Engles for appellee.
Person VS.. Montgomery, argued by
w NJ. Person for plaintiff Gulley
Spruill, Shepherd & Busbee; Bachelor
for defendant. Judge Montgomery did
not sit on the hearing of this case.)