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HIGH POINT SURPLUS CO. v. PLEASANTS

No. 481.

139 S.E.2d 892 (1965)

263 N.C. 587

HIGH POINT SURPLUS COMPANY, Inc. v. Robert PLEASANTS, Sheriff of Wake County, North Carolina, Ben W. Haigh, Chairman, and Billy K. Hopkins, James L. Judd, William T. Gilliam, W. Hal Trentman, Jennings Booth, and W. W. Holding, III, Commissioners, Board of County Commissioners for Wake County, North Carolina.

Supreme Court of North Carolina.

January 29, 1965.

Attorney(s) appearing for the Case

Cannon, Wolfe & Coggin, Greensboro, Broughton & Broughton, by J. Melville Broughton, Jr., Raleigh, for plaintiff appellant.

Thomas A. Banks, Raleigh, for defendant appellees.

Smith, Leach, Anderson & Dorsett, by C. K. Brown, Jr., Raleigh, for the North Carolina Merchants Association, amicus curiae.

PARKER, Justice.

The office of the demurrer here is to test the sufficiency in law of the complaint. This is a summary of the allegations of the complaint, except when quoted:

"[T]he plaintiff is a corporation organized and existing under the laws of the State of North Carolina, with its principal place of business in the city of Raleigh, Wake County, North Carolina." (Emphasis ours.)

Defendant Pleasants is sheriff of Wake County, and is charged...

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