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STOCKS v. THOMPSON

No. 68SC24.

161 S.E.2d 149 (1968)

1 N.C. App. 201

Leroy STOCKS, Paul L. Sutton, D. E. Baggett, Robert E. Butler, Lonnie M. Bullard, Ernest D. Pridgen, L. E. Moore and Charles M. Love v. Lacy THOMPSON, Edison Burns, H. J. Watts, W. O. Johnson and Roland Gore, being all the individual members of the Board of Commissioners of Columbus County, North Carolina, and the Board of Commissioners of Columbus County, North Carolina, and J. Hubert Norris, and Mrs. Venie H. Rouse.

Court of Appeals of North Carolina.

May 15, 1968.

Attorney(s) appearing for the Case

R. C. Soles, Jr., Tabor City, and W. Earl Britt, Fairmont, for defendants appellants.

Sherman T. Rock, R. S. Langley, and Wallace, Langley & Barwick, Kinston, for plaintiffs appellees.

PARKER, Judge.

After we allowed Certiorari, defendants filed in the Court of Appeals demurrer ore tenus on the grounds that the complaint does not state facts sufficient to constitute a cause of action. Since such an objection cannot be waived and may be taken advantage of at any time, even in the Appellate Court (G.S. § 1-134; Howze v. McCall, 249 N.C. 250, 106 S.E.2d 236), we...

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