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STATE v. SMITHERMAN

No. 528.

111 S.E.2d 834 (1960)

251 N.C. 682

STATE of North Carolina ex rel. Elwood C. LONG, Relator, v. Sam G. SMITHERMAN.

Supreme Court of North Carolina.

January 14, 1960.

Attorney(s) appearing for the Case

Harold W. Gavin, Sanford, S. H. McCall, Jr., Troy, for relator appellant.

Charles H. Dorsett, David H. Armstrong, Troy, for defendant appellee.

WINBORNE, Chief Justice.

In Article 41 of Chapter 1 of the General Statutes of North Carolina pertaining to actions in the nature of quo warranto it is provided in G.S. § 1-522 that "All actions brought by a private relator, upon the leave of the Attorney General, to try the title to an office must be brought, and a copy of the complaint served on the defendant, within ninety days after his induction into the office to which the title is to be tried; and when...

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