Barbee v. Board of Commissioners

The demurrer to the jurisdiction is interposed upon the ground that the proper remedy for “contesting the validity of an election” is a proceeding by information in the nature of a quo warranto, brought by the Attorney-General of the State, C. S., 870, or by a private relator with leave of the Attorney-General, O. S., 871. Cooper v. Crisco, 201 N. C., 739, 161 S. E., 310. In support of tbis position, the defendants rely chiefly upon the decisions in Saunders v. Gatling, 81 N. C., 298, and Britt v. Bd. Canvassers, 172 N. C., 797, 90 S. E., 1005. The authorities cited are inapposite. The…