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KING v. BALDWIN

No. 28.

172 S.E.2d 12 (1970)

276 N.C. 316

W. E. KING, Edward A. Glasgow, W. Earl Prldgen and Walker Mathis v. Frank BALDWIN, Ralph I. Bass, F. B. Cooper, Jr., Fred E. Harris and Henry M. Milgrom, being all the individual members of the Board of Commissioners of Nash County, North Carolina; J. Curtis Ellis, Tax Supervisor and Tax Collector of Nash County, North Carolina; Willis Ward, Assistant Tax Supervisor, Nash County, North Carolina and Carroll-Phelps Appraisal Company.

Supreme Court of North Carolina.

February 11, 1970.

Attorney(s) appearing for the Case

Keel & Keel, Rocky Mount, Valentine & Valentine, Nashville, and Joyner, Moore & Howison, Raleigh, for defendants appellants.

Battle, Winslow, Scott & Wiley, and Meadows & Batts, Rocky Mount, for plaintiffs appellees.

John T. Morrisey, Sr., Gen. Counsel, North Carolina Association of County Commissioners, Amicus Curiae.

SHARP, Judge.

The first question presented by this appeal is whether the Superior Court had authority to issvie a writ of mandamus to compel the county commissioners to revalue all real property in Nash County.

The nature of mandamus and the limitations upon its use have been stated often. Safrit v. Costlow, 270 N.C. 680, 155 S.E.2d 252; Board of Managers of James Walker Memorial Hospital...

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