NC General Statutes

N.C. Gen. Stat. § 128-6 (2026)

Persons admitted to office deemed to hold lawfully

✓ current as of July 2026

Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 128 CornellLII Search CasesGoogle Scholar

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. (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.)

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1950–2024 · leading case: Lathon v. Cumberland Cnty., 646 S.E.2d 565 (N.C. Ct. App. 2007).

Sort: Relevance Newest Treatment

Lathon v. Cumberland Cnty., 646 S.E.2d 565 (N.C. Ct. App. 2007). · cites it 4× “§ 128-6 (2005) ("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…”

Baxter v. Danny Nicholson, Inc., 661 S.E.2d 892 (N.C. Ct. App. 2008). · cites it 8× “VI § 10; see also, N.C. Gen. Stat. § 128-6 (2007) (“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…”

People Ex Rel. Duncan v. Beach, 242 S.E.2d 796 (N.C. 1978). · cites it 2× “The General Assembly has conferred express approval on the judicial doctrine of de facto office by enacting G.S. 128-6, which provides that “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…”

In Re Wingler, 58 S.E.2d 372 (N.C. 1950). “The de facto doctrine is indispensable to the prompt and proper dispatch of governmental affairs.”

Armstrong v. McInnis, 142 S.E.2d 670 (N.C. 1965). “G.S. 128-6 provides: “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…”

State of N.C. v. Anson Cnty. (N.C. Ct. App. 2024). · cites it 3× “” N.C. Gen. Stat. § 128-6 (2023) (emphases added).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.