Legal Opinion

State Ex Rel. Long v. Smitherman

Supreme Court of North Carolina

Decided January 14, 1960No. 528PublishedCited by 16 opinions

1Opinion of the CourtWiNBORNE, C. J.

In Article 41 of Chapter 1 of the General Statutes of North Carolina pertaining to actions in the nature of quo warranto it is provided in G.S. 1-522 that “All actions brought by a private relator, upon the leave of the Attorney General, to try the title to an office must be brought, and; a copy of the complaint served on the defendant, within ninety days after his induction into the office to which the title is to be tried; and when it appears from the papers in the cause, or is otherwise shown to the satisfaction of the court, that the summons and complaint have not been served within…

2Cases cited3 opinions

  1. Town of Burnsville v. BooneSupreme Court of North Carolina · 1950
  2. School Commissioners v. Board of Aldermen & TreasurerSupreme Court of North Carolina · 1912
  3. State v. . CarpenterSupreme Court of North Carolina · 1917

3Cited by16 opinions

  1. State ex rel. Utilities Commission v. Lumbee River Electric Membership Corp.Supreme Court of North Carolina · 1969
  2. State Highway Commission v. HemphillSupreme Court of North Carolina · 1967
  3. Davis v. NC Granite CorporationSupreme Court of North Carolina · 1963
  4. Fid. Bank v. N.C. Dep't of RevenueSupreme Court of North Carolina · 2017
  5. State Ex Rel. Utilities Commission v. Union Electric Membership Corp.Court of Appeals of North Carolina · 1968

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