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STATE v. ALVERSON

No. 21.

118 S.E.2d 408 (1961)

254 N.C. 204

STATE of North Carolina, Upon the Relation of John CARRINGER, Plaintiff, v. C. L. ALVERSON, W. D. Townson, Frank Mauney and Merle Davis, Defendants.

Supreme Court of North Carolina.

March 1, 1961.

Attorney(s) appearing for the Case

T. C. Gray, Hayesville, for plaintiff, appellant.

McKeever & Edwards, Murphy, for defendants, appellees.

HIGGINS, Justice.

The plaintiff brought this action to have the court declare (1) Chapter 1281, Session Laws of 1959, unconstitutional, and (2) the defendants "unlawfully holding and exercising a public office."

The parties admit the Housing Authority Act, prior to the 1959 amendment, did not authorize the "City of Murphy"—population under 5,000, to establish a Housing Authority. It must be conceded, therefore...

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