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WATKINS v. CITY OF WILSON

No. 248.

121 S.E.2d 861 (1961)

255 N.C. 510

T. A. WATKINS v. CITY OF WILSON, a body corporate and politic; John Wilson, Mayor and Chairman of the Board of Commissioners of the City of Wilson; Thomas Watson, Jr., T. F. Hackney, Winette Peters, H. P. Benton, Jr., Earl Bradbury and Edger Norris, Serving as the Board of Commissioners of the City of Wilson; Mrs. Cecil Newberry, Mrs. T. L. Noe, Mrs. Albert Thomas, W. F. Peabody, Mrs. John G. Ashe, Jr., Mrs. M. W. Sutton, Jr., all being Precinct Registrars appointed for the May 2, 1961, Elections of the City of Wilson; Mrs. George Thomas Daniels, Mrs. W. F. Thrasher, W. L. Morris, Gary T. Fulghum, John Harriss, Mrs. Annie Bishop, Janie Liverman, Mrs. Dovery Watson, M. D. James, Mrs. Russell Landen, Mrs. H. T. Barkley, Mrs. Robert Pearce, all being Precinct, Election Judges appointed for the May 2, 1961, Elections of the City of Wilson.

Supreme Court of North Carolina.

October 11, 1961.

Attorney(s) appearing for the Case

Romallus O. Murphy, Wilson, Samuel S. Mitchell, and George R. Greene, Raleigh, for plaintiff-appellant.

Lucas, Rand and Rose, Wilson, for defendant-appellees.

PER CURIAM.

The power and duty of a court to declare an act of the Legislature void because it violates some constitutional provision was recognized in North Carolina as early as 1787. Bayard v. Singleton, 1 N.C. 42[5]. Courts do not, however, exercise this power at the behest of one not adversely affected by the statute. They act only when necessary for the protection of some right guaranteed by the Constitution.

The rule was succinctly stated and aptly applied...

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