1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 209 S.E.2d
  5. 209 S.E.2d 336 (1974)
 

SMITH v. STATE

No. 7425SC181.

209 S.E.2d 336 (1974)

23 N.C. App. 423

C. Capers SMITH v. STATE of North Carolina et al.

Court of Appeals of North Carolina.

Certiorari Denied December 30, 1974.

Attorney(s) appearing for the Case

Hatcher, Sitton & Powell by Claude S. Sitton, Morganton, and James J. Booker, Winston-Salem, for plaintiff-appellee.

Blanchard, Tucker, Denson & Cline by Charles F. Blanchard, Raleigh, for defendant-appellee Byrd.

Atty. Gen. Robert Morgan by William F. O'Connell and Parks H. Icenhour, Asst. Attys. Gen., Raleigh, for defendants-appellants.

Certiorari Denied by Supreme Court December 30, 1974.

PARKER, Judge.

THE MOTION TO DISMISS

Appellants assign error in the trial court's denial of their motion to dismiss on grounds that sovereign immunity barred plaintiff's suit. As a preliminary, we must determine the nature of plaintiff's action insofar as it relates to the State of North Carolina and the other defendants in their official capacity. In this respect, plaintiff's action is clearly...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases