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WALKER v. MOSS

No. 164.

97 S.E.2d 836 (1957)

246 N.C. 196

James R. WALKER, Jr. v. C. D. MOSS, W. D. Harden and E. Dana Dickens, constituting the Board of Elections of Halifax County.

Supreme Court of North Carolina.

May 1, 1957.

Attorney(s) appearing for the Case

Taylor & Mitchell, Raleigh, James R. Walker, Jr., for plaintiff, appellant.

Allsbrook & Benton, Crew & Crew, Roanoke Rapids, Johnson & Branch, Enfield, Dickens & Dickens, Scotland Neck, for defendants, appellees.

George B. Patton, Atty. Gen., for the State.

HIGGINS, Justice.

The demurrer ore tenus challenges the complaint upon the ground that it fails to state a cause of action for that the General Assembly of North Carolina under the mandatory provision of the statute is required to appoint members of county boards of education, G.S. § 115-18. While the law permits political parties in primaries or in conventions to make nominations and have them declared to the State

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