Any person who shall, by the proper authority, be admitted and sworn into any office, shall be held, deemed, and taken, by force of such admission, to be rightfully in such office until, by judicial sentence, upon a proper proceeding, he shall be ousted therefrom, or his admission thereto be, in due course of law, declared void.
N.C. Gen. Stat. § 128-6
Persons admitted to office deemed to hold lawfully
Applied in 1 court decision — leading case 191 N.C. App. 168 - Baxter v. Danny Nicholson, Inc. (2008)
Most recently applied in 191 N.C. App. 168 - Baxter v. Danny Nicholson, Inc. (June 2008)
Const., art. 4, s. 25; 1844, c. 38, s. 2; 1848, c. 64, s. 1; R.C., c. 77, s. 3; Code, s. 1872; Rev., s. 2368; C.S., s. 3204.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.