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STARBUCK v. TOWN OF HAVELOCK

No. 93.

120 S.E.2d 440 (1961)

255 N.C. 198

James W. STARBUCK, Albert Cianciose, William E. Singleton, Donald G. Gardner and Vernon A. Carpenter and all other citizens, taxpayers, qualified electors or residing or owning property in that particular area or territory hereinafter described as the Town Limits of the Town of Havelock who will come in, make themselves parties and contribute to the expense of this action, v. TOWN OF HAVELOCK, George Griffin, Mayor; Clay Wynne, Commissioner; Jesse Lewis, Commissioner; Norwood Sanders, Commissioner; Irving Beck, Commissioner.

Supreme Court of North Carolina.

June 16, 1961.

Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for plaintiffs, appellants.

A. D. Ward, Kennedy W. Ward, New Bern, for Town of Havelock, et al., defendants, appellees.

Laurence A. Stith, New Bern, for Craven County Board of Elections, defendants, appellees.

HIGGINS, Justice.

The plaintiffs filed a motion here to correct "stipulations nine and ten as reported in the statement of facts," not upon the ground the stipulations are not as filed in the court below, but on the ground they do not state what the plaintiffs intended to agree to. Motions suggesting diminution of the record on the ground the case on appeal does not conform to the record below will lie, but when the stipulations are filed with the court below and...

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