IN RE WINGLER

No. 217.

58 S.E.2d 372 (1950)

231 N.C. 560

In re WINGLER.

Supreme Court of North Carolina.

March 22, 1950.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., for the State.

Trivette, Holshouser & Mitchell and J. H. Whicker, Jr., North Wilkesboro, for Town of North Wilkesboro, amicus curiae.


ERVIN, Justice.

A person who undertakes to exercise the functions of a judicial office on a particular occasion may be a judge de jure, or a judge de facto, or a mere intruder.

Since he is exercising the office of a judge as a matter of right, a judge de jure meets this three-fold test: (1) He possesses the legal qualifications for the judicial office in question; (2) he has been lawfully chosen to such office; and (3) he has qualified...

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