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SUTTON v. FIGGATT

No. 70.

185 S.E.2d 97 (1971)

280 N.C. 89

Robert SUTTON and Sue Sutton v. J. B. FIGGATT, Individually and as Representative of the Class of Magistrates from Time to Time of Mecklenburg County, North Carolina.

Supreme Court of North Carolina.

December 15, 1971.

Attorney(s) appearing for the Case

W. Thomas Ray, Charlotte, for plaintiffs-appellants.

Atty. Gen. Robert Morgan and Staff Atty. Richard N. League, Raleigh, for defendant-appellee.

SHARP, Justice:

Although plaintiffs ask the court for a mandatory injunction directed to defendant Figgatt, and for a declaratory judgment designed for the enlightenment of the twenty-one magistrates of Mecklenburg County, they have alleged a cause of action for a writ of mandamus. However, in this State, where the court exercises both legal and equitable jurisdiction, in a suit against a public official or board there is no practical difference in the results to...

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