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ELLER v. BOARD OF EDUCATION OF BUNCOMBE COUNTY

No. 90.

89 S.E.2d 144 (1955)

242 N.C. 584

H. S. ELLER and wife, Maude J. Eller v. The BOARD OF EDUCATION OF BUNCOMBE COUNTY.

Supreme Court of North Carolina.

September 21, 1955.

Attorney(s) appearing for the Case

Harry C. Martin, Asheville, for defendant, appellant.

E. L. Loftin, Asheville, for plaintiffs, appellees.

BOBBITT, Justice.

Plaintiffs' action is to recover compensation in the amount of $4,000 on account of the partial taking or appropriation of their property.

Defendant, under the provisions of G.S. § 115-45, amended by S.L.1955, ch. 1372, subch. II, Art. 5, sec. 10, is a body corporate. While it may sue and be sued in its corporate name, this fact, standing alone, is not determinative as to what actions may be maintained against it. See Kirby v. Stokes...

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