TUCKER v. STATE BOARD OF ALCOHOLIC CONTROL

No. 449.

81 S.E.2d 399 (1954)

240 N.C. 177

TUCKER v. STATE BOARD OF ALCOHOLIC CONTROL et al.

Supreme Court of North Carolina.

April 28, 1954.


Attorney(s) appearing for the Case

Webster S. Medlin, Concord, for petitioner-appellant.

Atty. Gen. Harry McMullan, Asst. Atty. Gen. Claude L. Love, and Max O. Cogburn, Member of Staff, for the respondents-appellees.


ERVIN, Justice.

There is no inherent power in any governmental body to hold an election for any purpose. In consequence, an election held without affirmative constitutional or statutory authority is a nullity, no matter how fairly and honestly it may be conducted. Corey v. Hardison, 236 N.C. 147, 72 S.E.2d 416; Rodwell v. Harrison, 132 N.C. 45, 43 S.E. 540; Van Amringe v. Taylor, 108 N.C. 196, 12...

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