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ADAMS v. FLORA MACDONALD COLLEGE

No. 737.

105 S.E.2d 68 (1958)

248 N.C. 674

Mrs. Raymond ADAMS, Dr. C. T. Johnson, H. D. Jones and Miss Mary McEachern, Individually and as Trustees of Flora Macdonald College, a corporation, v. FLORA MACDONALD COLLEGE, a corporation.

Supreme Court of North Carolina.

September 17, 1958.

Attorney(s) appearing for the Case

Varser, McIntyre, Henry & Hedgpeth, Lumberton, and Douglass & McMillan, Raleigh, for plaintiffs, appellants.

Smith, Leach, Anderson & Dorsett, Raleigh, for defendant, appellee.

JOHNSON, Justice.

The matter of determining finally whether the defendant, Flora Macdonald College, and its Board of Trustees were authorized to execute the consolidation agreement was not within the scope of the hearing below. The only question before the court was whether the temporary order restraining execution of the agreement should be continued so as to preserve the status quo until final adjudication of the case. It necessarily follows that the court erred...

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