Pittman v. Tobacco Growers Co-Operative Ass'n

There was no error in setting aside the response to the first issue. The defendant association was duly organized by virtue of a statute, the legality of which has been affirmed by this Court in Cooperative Assn. v. Jones, 185 N. C., 265, and has been recognized in other cases. Its validity cannot be assailed in the manner thus attempted by alleging an insufficient number of signers. This is a collateral attack and is not a direct attack by the State upon a quo war-ranto to vitiate the incorporation. Besides, there was no evidence of an insufficient sign-up, and if the plaintiff could have…