Ponder v. North Carolina State Board of Elections

Stacy, O. J.

The first question for decision is whether the complaint states facts sufficient to constitute a cause of action or to invoke the equitable powers of the court. The trial court answered in the affirmative. We are inclined to a different view.

The demurrer should have been sustained on the second and third grounds set out therein. The complaint reveals no personal or property *710right of the plaintiff which is threatened or endangered by anything the defendants propose to do. Conversely, it is alleged the defendants can do nothing to affect the title to the office of Sheriff which the…