Carmichael v. Scheidt

The question presented on this appeal is whether or not the court below committed error in sustaining the respondent’s demurrer ore tenus.

This Court held in In re Wright, 228 N.C. 301, 45 S.E. 2d 370 and in s.e. on rehearing, 228 N.C. 584, 46 S.E. 2d 696, that a petitioner is entitled to a review whenever the suspension, cancelation, or revocation is made in the discretion of the Department, whether under G.S. 20-16, G.S. 20-23, or any other provision of the statute.

It is mandatory under the provisions of G.S. 20-17 (2) for the Department to revoke the license of any operator or chauffeur…