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CITY OF GREENSBORO v. SMITH

No. 676.

85 S.E.2d 292 (1955)

241 N.C. 363

CITY OF GREENSBORO, and Robert H. Frazier, M. A. Arnold, William B. Burke, J. A. Cannon, Jr., E. C. Faulconer, William M. Hampton, and Boyd R. Morris, v. Herman Amasa SMITH, for and on behalf of himself and all other citizens and taxpayers of the City of Greensboro and subscribers to Greensboro War Memorial Fund, and Greensboro War Memorial Fund Commission, S. I. Stewart, Sr., Charles T. Hagan, Ben Cone, E. D. Broadhurst, Jr., J. E. Smith, J. C. McLaughlin, Mrs. C. Henry Sikes, Allen C. McSween, Fielding L. Fry, W. M. York, Ralph L. Lewis, Paul C. Shu, Orton A. Boren, C. M. Vanstory, Jr., and W. H. Sullivan, Sr., Commissioners.

Supreme Court of North Carolina.

January 14, 1955.

Attorney(s) appearing for the Case

Herman C. Wilson, City Atty., and L. P. McLendon, Greensboro, for plaintiff City of Greensboro, appellant.

Horace R. Kornegay, Greensboro, for defendant Smith, appellee.

Charles T. Hagan, Jr., and William M. York, Greensboro, for defendant Greensboro War Memorial Fund Commission, appellee.

BOBBITT, Justice.

In the construction of the Act our chief concern is to ascertain the legislative intent. As stated by Stacy, C. J., in Branch Banking & Trust Co. v. Hood, 206 N.C. 268, 173 S.E. 601, 602: "The heart of a statute is the intention of the lawmaking body."

Rules of statutory construction relevant here are stated succinctly by Johnson, J., in Victory Cab Co. v. City of Charlotte, 234 N.C. 572,

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