STATE v. BENFIELD

No. 306.

58 S.E.2d 637 (1950)

231 N.C. 663

STATE ex rel. BARLOW et al. v. BENFIELD.

Supreme Court of North Carolina.

March 29, 1950.


Attorney(s) appearing for the Case

Martin & Carpenter, Lenoir, for plaintiffs-appellants.

L. M. Abernethy, Granite Falls, and Max C. Wilson, Lenoir, for defendant-appellee.


DEVIN, Justice.

The judgment of nonsuit was improvidently entered. It was made to appear from the admissions in the answer and the evidence offered by the relators that July 1, 1949, the defendant was elected by the Board of Commissioners of Granite Falls as chief of police of that town, which office he is now holding, and that defendant is not a qualified voter therein. It was also admitted that relators are residents, qualified voters, and taxpayers of Granite Falls...

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