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HINSHAW v. McIVER

No. 740.

93 S.E.2d 90 (1956)

244 N.C. 256

Clarence W. HINSHAW, Trading as Burlington Scrap Iron and Metal Company, v. Marvin R. McIVER, Tax Collector of Burlington.

Supreme Court of North Carolina.

June 6, 1956.

Attorney(s) appearing for the Case

Clarence Ross, Graham, and Cooper, Latham & Cooper, Burlington, for plaintiff-appellant.

W. D. Madry and W. R. Dalton, Jr., Burlington, for defendant-appellee.

DEVIN, Justice.

It is settled law in this jurisdiction that mandamus will lie to compel the performance of a purely ministerial duty imposed by law, and that the party seeking the writ must have a clear legal right to demand it, and the party sought to be coerced must be under legal obligation to perform the duty. Bryan v. City of Sanford, 244 N.C. 30, 92 S.E.2d 420; Nebel v. Nebel,

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