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REID v. MAYOR AND BOARD OF COMMISSIONERS

No. 18.

85 S.E.2d 872 (1955)

241 N.C. 551

Richard W. REID v. The MAYOR AND BOARD OF COMMISSIONERS OF the TOWN OF PILOT MOUNTAIN, to wit: J. R. McCormick, Mayor; D. B. Lawson, J. Wilkerson Gordon, Clyde W. Fulk and R. J. Boaz, Commissioners, and W. W. Norman.

Supreme Court of North Carolina.

March 2, 1955.

Attorney(s) appearing for the Case

Woltz & Woltz, Hiatt & Hiatt, Mount Airy, Thomas M. Faw, North Wilkesboro, for defendants-appellants.

Allen, Henderson & Williams, Elkin, for plaintiff-appellee.

WINBORNE, Justice.

Admitting the truth of the facts alleged in the complaint, as is done when the sufficiency of a pleading to state a cause of action is challenged by demurrer, this basic and determinative question arises on this appeal: Did the Mayor and Board of Commissioners of the Town of Pilot Mountain have the power and authority to remove plaintiff as the duly elected judge of the Mayor's Court of the Town of Pilot Mountain,—an established court of...

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