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RICE v. RIGSBY

Nos. 317, 318.

131 S.E.2d 469 (1963)

259 N.C. 506

Ed RICE, Plaintiff, v. William RIGSBY, Defendant, Donald Stines, Intervenor, and Bill Roberts, Chairman of the Board of County Commissioners of Madison County, Hilliard Teague, Register of Deeds of Said County, and E. Y. Ponder, Sheriff of Said County, Additional Intervenors. Charles DAVIS, by his Next Friend, Robert Allen, Plaintiff, v. William RIGSBY, Defendant, Donald Stines, Intervenor, and Bill Roberts, Chairman of the Board of County Commissioners of Madison County, Hilliard Teague, Register of Deeds of Said County, and E. Y. Ponder, Sheriff of Said County, Additional Intervenors.

Supreme Court of North Carolina.

June 14, 1963.

Attorney(s) appearing for the Case

A. E. Leake, Marshall, for plaintiffs-appellants.

A. E. Leake, Marshall, and William J. Cocke, Asheville, for intervenor Donald Stines, appellant.

Mashburn & Huff by Joseph B. Huff, Marshall, and Williams, Williams & Morris by William C. Morris, Jr., Asheville, for defendant-appellee.

Uzzell & Dumont by T. A. Uzzell, Jr., Asheville, for intervenors Bill Roberts, Hilliard Teague and E. Y. Ponder, appellees.

PARKER, Justice.

Both plaintiffs and the intervenor Donald Stines assign as error Judge Riddle's conclusion of law in his order that Chapter 358, 1955 Session Laws of North Carolina, providing for the selection of jurors by a jury commissioner in Madison County, is in contravention of the Constitutions of the United States and of the State of North Carolina, and his adjudication in his order that this statute is unconstitutional.

William Rigsby is defendant...

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