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WYNN v. TRUSTEES OF CHARLOTTE COMMUNITY COLLEGE SYS.

No. 236.

122 S.E.2d 404 (1961)

255 N.C. 594

Roy S. WYNN and James D. Martin, on behalf of themselves and all other taxpayers of the County of Mecklenburg, State of North Carolina, v. TRUSTEES OF CHARLOTTE COMMUNITY COLLEGE SYSTEM, a body corporate, J. Murrey Atkins, Chairman; Thomas M. Belk, C. A. McKnight, John A. McRae, Dr. E. A. Beaty, Sheldon P. Smith, Dr. Thomas Watkins, Sr., J. Murrey Atkins, R. L. Taylor, John Paul Lucas, Addison H. Reese, Linn D. Garibaldi, and Oliver Rowe, Trustees of Charlotte Community College, a body corporate; J. N. Pease & Company, Inc., a North Carolina corporation, and Dickerson, Inc., a North Carolina Corporation.

Supreme Court of North Carolina.

November 8, 1961.

Attorney(s) appearing for the Case

J. Charles Morris, Charlotte, for plaintiffs, appellants.

Helms, Mulliss, McMillan & Johnston, E. Osborne Ayscue, Jr., and McCleneghan, Miller & Creasy, Charlotte, for defendants, appellees.

BOBBITT, Justice.

The demurrer tests the sufficiency of the complaint. The rules applicable have been often stated and are well settled. Pressly v. Walker, 238 N.C. 732, 78 S.E.2d 920, and cases cited; Glover v. Brotherhood, 250 N.C. 35, 108 S.E.2d 78, and cases cited. Our task is to determine whether plaintiffs, upon the facts...

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