GILL v. SMITH

No. 682.

62 S.E.2d 544 (1950)

233 N.C. 50

GILL, Com'r of Revenue, v. SMITH.

Supreme Court of North Carolina.

December 13, 1950.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., James E. Tucker and Peyton B. Abbott, Asst. Attys. Gen. (Hoyle & Hoyle, special counsel, and G. C. Hampton, Jr., special counsel, all of Greensboro), for plaintiff appellee.

A. Stacey Gifford, Welch Jordan, Greensboro, for defendant appellant.


DEVIN, Justice.

The Commissioner of Revenue has not answered the allegations of fact contained in defendant's motion but has taken the position that adequate remedy for the matters complained of is provided by pertinent statutes; and further that the jurisdiction to vacate and set aside a certificate of tax liability or assessment made by the Commissioner of Revenue, in the performance of his duty of enforcing the collection...

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