In Re Tate

Decided January 5, 1869

Supreme Court of North Carolina · decided 1869-01-05

PETITION for a Mandamus, filed in this Court. The petition alleged that the petitioner had been duly elected Solicitor of the 12th Judicial District, and subsequently had received from General Canby a certificate of that fact; but that upon producing the same to his Honor, Judge Cannon, in the Superior Court of Haywood, and' requesting to be qualified, he had refused his application, upon the ground that he was disabled by the XIYth Amendment to tibe Constitution of the…

Cited by 1 later decisions — most recently December 2023

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Decided 1869-01-05

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Reade, J.

¶1 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.

¶2 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.

¶3 Per Curiam. * Petition dismissed with costs.