State ex rel. Bray v. Baxter

Decided September 13, 1916

Supreme Court of North Carolina · decided 1916-09-13

Ciyii, actioN tried before Bond, J., at January Term, 1916, of Cue-eituoe. This was an action to try the title to the office of register of deeds of Currituck County, the plaintiff alleging that he was duly elected to that office at the election in November, 1914, when he and the defendant were opposing candidates.

Decided 1916-09-13

AlleN, J.

¶1It has been judicially determined that the plaintiff was not elected in 1914, and he is now seeking to recover fees for work done, not by himself but by the defendant.

¶2His appeal presents the single question of his right to have the issue submitted to the jury to determine what sum he was entitled to recover of the defendant as fees, and thi.s 'depends upon the pleadings.

¶3When we turn to the pleadings we find no allegation that he was elected to the office of register of deeds in 1912, and the whole complaint, including the demand for fees, is based upon the contention that he was duly elected in 1914, and this has been decided against him.

¶4The issue, therefore, which he tendered did not arise upon the pleadings, and his Honor ruled correctly in refusing to submit it.

¶5Affirmed.