UNDERWOOD v. HOWLAND

No. 68SC189.

162 S.E.2d 124 (1968)

1 N.C. App. 560

James C. UNDERWOOD v. Ralph L. HOWLAND, Commissioner of Motor Vehicles of the State of North Carolina.

Court of Appeals of North Carolina.

July 10, 1968.


Attorney(s) appearing for the Case

Herbert B. Hulse, Goldsboro, for plaintiff appellant.

T. Wade Bruton, Atty. Gen., by William W. Melvin, Asst. Atty. Gen., and T. Buie Costen, Staff Atty., Raleigh, for defendant appellee.


BRITT, Judge.

First, we must decide if, in the light of G.S. § 20-25, the Superior Court may consider this action. Pertinent provisions of the statute are as follows: "Any person denied a license or whose license has been cancelled, suspended or revoked by the Department, except where such cancellation is mandatory under the provisions of this article, shall have a right to file a petition within thirty (30) days thereafter for a hearing in the matter in the...

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