NICHOLSON v. STATE EDUCATION ASSISTANCE AUTHORITY

No. 37.

168 S.E.2d 401 (1969)

275 N.C. 439

H. Gilliam NICHOLSON v. STATE EDUCATION ASSISTANCE AUTHORITY, and the Members of its Board of Directors; George Watts Hill, Jr., Roger Gant, Jr., Victor E. Bell, Jr., Mrs. Carrie W. Harper, J. Russell Kirby, Arthur D. Wenger and H. Edmunds White and College Foundation, Inc. and Wachovia Bank & Trust Company, N. A.

Supreme Court of North Carolina.

July 11, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Deputy Atty. Gen. Harry W. McGalliard for State Education Assistance Authority and the members of its Board of Directors.

Jordan, Morris & Hoke, Raleigh, for Wachovia Bank & Trust Co., N.A., and College Foundation, Inc.

Bailey, Dixon & Wooten, Raleigh, for plaintiff.


LAKE, Justice.

The authority of this Court, in a proper case, to declare an act of the Legislature unconstitutional was clearly established in Bayard v. Singleton, 1 N.C. 5, sixteen years prior to the comparable decision of the Supreme Court of the United States in Marbury v. Madison, 1 Cranch 137, 5 U.S. 137, 2 L.Ed. 60. That authority does not arise from any inherent power of this Court...

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