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GARNER v. TOWN OF NEWPORT

No. 108.

98 S.E.2d 505 (1957)

246 N.C. 449

Jeff J. GARNER, Charles L. Green, Claude A. Henderson, Leslie Mann, Claude Henderson, H. F. Williams, J. I. Mizelle, J. C. Bell, Ivey V. Haskett, T. W. Haskett, J. S. Smith, L. P. Smith, C. M. Garner, Leonard Carroll, C. C. Norris, H. S. Jones, L. C. Mann, Lee F. Brock, Amy Harkley, John Carroll, J. Wheeler Smith, William R. Bell and C. S. Gould, Sr., v. The TOWN OF NEWPORT, a Municipal Corporation; Board of Commissioners of the Town of Newport; Prentice M. Garner, B. R. Garner, H. G. Gurganus, W. V. Garner and J. M. Cox, Commissioners of the Town of Newport; Leon Mann, Jr., Mayor of the Town of Newport; Edith Lockey, Town Clerk of the Town of Newport.

Supreme Court of North Carolina.

June 7, 1957.

Attorney(s) appearing for the Case

C. R. Wheatly, Jr., Beaufort, for plaintiffs, appellants.

George W. Ball, Morehead City, for defendants, appellees.

PER CURIAM.

Plaintiffs in their brief have restricted their argument to this one allegation in their complaint: "5. * * * there were more electors who cast a ballot against the proposal than there were those who cast a ballot for the proposal and that if the election had been conducted properly in accordance with the pertinent provisions of the law the proposal as contained in the ordinance would have been defeated."

The effect of the judgment upon the demurrer...

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