State Ex Rel. Moses v. Board of County Commissioners

The opinion of the court was delivered by

Price, J.:

This is an original action in the nature of quo warranto brought in the name of the state on the relation of the county attor ney of Marshall county seeking to oust the defendant board of county commissioners of Marshall county from fulfilling its oral agreement to employ defendant Marquardt as an assistant in the office of the intervening Marshall county soil conservation district.

The question involved is whether G. S. 1951 Supp. 2-1907a, which reads:

“That in any county having a population of more than eighteen thousand (18,000) and less…