Dare County v. Mater

We need not now consider plaintiff’s motion to strike defendant’s purported case on appeal for tbe reason a fatal defect appears on tbe face of tbe record. Lawrence v. Lawrence, 226 N.C. 221, 37 S.E. 2d 496; Bell v. Nivens, 225 N.C. 35, 33 S.E. 2d 66; S. v. Parnell, 214 N.C. 467, 199 S.E. 601. In fact, it may be that tbe service of a case on appeal was not required. Privette v. Allen, 227 N.C. 164, 41 S.E. 2d 364.

If tbe plaintiff is seeking to abate a public nuisance — and tbe complaint may be so construed — it is without authority to maintain this action.

An action to abate a public nuisance…