Starbuck v. Town of Havelock

The appeal, supplemented by the demurrer ore tenus made here, raises two questions: (1) Must the challenge of corporate existence be by quo warranto? (2) Is there any allegation in the complaint entitling plaintiffs to injunctive relief?

The wrongs which may be corrected by quo warranto are specified by statute. G.S. 1-515 and 516, G.S. 55-122 and G.S. 55A-50. None of these statutes apply to this action. This is not an action to determine a right to a public office nor to prevent the exercise of a franchise by a de facto corporation. This is an action to determine whether a de jure municipal…