CARMICHAEL v. SCHEIDT

No. 742.

106 S.E.2d 685 (1959)

249 N.C. 472

Frank Wilson CARMICHAEL v. Edward SCHEIDT, Commissioner of Motor Vehicles of North Carolina.

Supreme Court of North Carolina.

January 28, 1959.


Attorney(s) appearing for the Case

Atty. Gen. Malcolm B. Seawell, Asst. Atty. Gen. Lucius W. Pullen, for Department of Motor Vehicles, respondent.

Joe M. Cox, Laurinburg, for petitioner.


DENNY, Justice.

The question presented on this appeal is whether or not the court below committed error in sustaining the respondent's demurrer ore tenus.

This Court held in In re Wright, 228 N.C. 301, 45 S.E.2d 370 and in same case on rehearing, 228 N.C. 584, 46 S.E.2d 696, that a petitioner is entitled to a review whenever the suspension, cancelation, or revocation is made in the discretion of the Department, whether under G.S. §§ 20-16...

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