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HYDER v. McBRIDE

No. 18.

94 S.E.2d 360 (1956)

244 N.C. 485

Clay HYDER et al., as Residents, Freeholders and Taxpayers of Henderson County, North Carolina, on behalf of themselves and all other Residents, Freeholders and Taxpayers who desire to make themselves parties to this action, v. E. E. McBRIDE, J. J. Thompson, and Wm. E. Dalton, Individually and as Members of and comprising the Board of Commissioners of Henderson County.

Supreme Court of North Carolina.

September 19, 1956.

Attorney(s) appearing for the Case

Redden & Redden, and Arthur J. Redden, Hendersonville, for plaintiffs, appellees.

R. Lee Whitmire, L. B. Prince, G. IT. Valentine, Hendersonville, and W. B. W. Howe, for defendants, appellants.

PER CURIAM.

On oral argument in this Court, it was stated by counsel for all parties that subsequent to said judgment of 29 May, 1956, defendants, as county commissioners, levied 1956 ad valorem taxes and that such levy was not based on assessments made by E. T. Wilkins & Associates. Admittedly, the appeal, in respect of the Second Cause of Action, is now moot.

Thus, the only question before us relates to the portion of the judgment wherein defendants...

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