McINTYRE v. CLARKSON

No. 239.

119 S.E.2d 888 (1961)

254 N.C. 510

William C. McINTYRE, a resident citizen and taxpayer of Charlotte, Mecklenburg County, North Carolina, on his own behalf and on behalf of the other taxpayers of said County. v. Honorable F. O. CLARKSON, Senior Resident Judge of the 26th Judicial District of North Carolina, and Jessie Caldwell Smith, Treasurer of Mecklenburg County, North Carolina, and Walker H. Busby, Mecklenburg County Auditor and Accountant.

Supreme Court of North Carolina.

May 3, 1961.


Attorney(s) appearing for the Case

J. F. Flowers and Mercer J. Blankenship, Charlotte, for plaintiff.

E. McA. Currie, Charlotte, for defendant F. O. Clarkson.

Dockery, Ruff, Perry, Bond & Cobb, Charlotte, for defendants Busby and Smith.

Whiteford S. Blakeney, Charlotte, for the District Bar of the Twenty-Sixth Judicial District, as amicus curiae.


MOORE, Justice.

In this Court defendants demur ore tenus to plaintiff's complaint on the grounds that it does not state facts sufficient to constitute a cause of action, and does not show that the plaintiff has sufficient legal interest to maintain the action.

Defendants contend that a resident, citizen and taxpayer, as such, does not have sufficient interest in the controversy to maintain an action, for himself and on behalf of others similarly situated...

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