OVERTON v. MAYOR & CITY COM'RS OF HENDERSONVILLE

No. 35.

116 S.E.2d 808 (1960)

253 N.C. 306

A. J. OVERTON, Jack Johnson, Paul Perry, C. F. Jervis, Mrs. W. P. Chaney, Miss Myrtle Bennett, Miss Audrey Saunders, Luther Tweed and Glenn Morgan, on behalf of themselves and all other citizens and qualified voters of the City of Hendersonville, v. MAYOR AND CITY COMMISSIONERS OF the CITY OF HENDERSONVILLE, to wit, Mayor A. V. Edwards, I. E. Johnson, Tom Clark, Ben Foster, and Roy Williams, Commissioners; Raymond P. English, Registrar; Frank Waldrop and I. B. Hughes, Judges; and I. T. Olsen, John F. McLeod, Jr., and Melvin S. Hatch, Commission; and M. J. Worley, R. B. Shealey and Hugh Whisnant, Constituting The Board of Elections of the City of Hendersonville.

Supreme Court of North Carolina.

November 9, 1960.


Attorney(s) appearing for the Case

Don C. Young and Lamar Gudger, Asheville, for plaintiffs.

Arthur B. Shepherd, R. L. Whitmire, L. B. Prince, Hendersonville, for defendants.


DENNY, Justice.

The only question for determination on this appeal is whether or not the court below committed error in allowing the motion of the defendants for judgment as of nonsuit.

The evidence tends to show that approximately eight hundred additional persons were registered while the registration books were open, for the special election held on 2 March 1960. The regular registration books of the City of Hendersonville were used and a new registration...

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