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STARBUCK v. TOWN OF HAVELOCK

No. 104.

113 S.E.2d 278 (1960)

252 N.C. 176

James W. STARBUCK, Albert Cianciose, William E. Singleton, Donald G. Gardner and Vernon A. Carpenter and all other citizens, taxpayers, qualified electors or residing or owning property in that particular area or territory hereinafter described as the Town Limits of the Town of Havelock who will come in, mak themselves parties and contribute to the expense of this action, v. TOWN OF HAVELOCK; George Griffin, Mayor; Clay Wynn, Commissioner; Jesse Lewis, Commissioner, and Norwood Sanders, Commissioner; Reul Lee, Commissioner, and Irving Beck, Commissioner.

Supreme Court of North Carolina.

March 16, 1960.

Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for plaintiff appellees.

A. D. Ward and Kennedy W. Ward, New Bern, for defendant appellants.

RODMAN, Justice.

The appeal, supplemented by the demurrer ore tenus made here, raises two questions: (1) Must the challenge of corporate existence be by quo warranto? (2) Is there any allegation in the complaint entitling plaintiffs to injunctive relief?

The wrongs which may be corrected by quo warranto are specified by statute. G.S. § 1-515 and § 1-516, G.S. § 55-122 and G.S. § 55A-50. None of these statutes apply to this action. This...

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