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STATE v. MUSTIAN

No. 25.

91 S.E.2d 696 (1956)

243 N.C. 564

STATE of North Carolina on Relation of James C. TILLETT, Petitioner, v. Emily MUSTIAN, Elton Twiford, Robert Young, H. R. Morrison and Jimmy Gray, Respondents.

Supreme Court of North Carolina.

February 29, 1956.

Attorney(s) appearing for the Case

Forrest V. Dunstan and John H. Hall, Elizabeth City, for petitioner, appellant.

Edwards, Sanders & Everett, Durham, for respondents, appellees.

BOBBITT, Justice.

The demurrer admits the allegations of fact contained in the complaint, but does not admit legal conclusions drawn therefrom by the pleader. McKinley v. Hinnant, 242 N.C. 245, 87 S.E.2d 568.

The gist of relator's complaint is that, by reason of the election held 3 May, 1955, Kill Devil Hills ceased to exist as a municipal corporation...

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