Driscoll v. Hershberger

The opinion of the court was delivered by

Thiele, J.:

This is an original action in quo warranto in which plaintiff Driscoll seeks a determination of the right of defendant Hershberger to hold office as a member of the board of regents, to have Hershberger ousted from the office and to have plaintiff Driscoll declared entitled to and recognized as a member of the board.

In his petition plaintiff alleges that the defendants other than Hershberger constitute the board of regents, which was organized and existing under and by virtue of G. S. 1949, 74-3201 (Laws 1939, ch. 289); that plaintiff was…