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STATE OF NORTH CAROLINA, ex rel. ROBERT J. BARKER, SR., Plaintiff, v. JOHN W. ELLIS, III, Defendant. No. COA00-719 (Filed 5 June 2001) 1. Elections--quo warranto action--service not timely

The trial court correctly concluded that a summons and complaint had not been effectively served within 90 days of defendant taking office in a contested mayoral election where defendant was sworn in as mayor on 21 December 1999 and the complaint and summons were served on 23 March 2000. Although plaintiff contends that the statute of limitations was tolled because he complied with N.C.G.S.

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South Carolina Law