State Ex Rel. Marshall v. Consumers Warehouse Market, Inc.

The opinion of the court was delivered by

Price, J.:

This case is an action by the State, on the relation of the county attorney of Crawford county, to enjoin defendant business firm, Consumers Warehouse Market, Inc., from violating the provisions of G. S. 1949, 50-401 to 408, known as the Unfair Practices Act.

Defendant appeals from an order overruling its demurrer to the State’s petition.

The questions involved are such that the constitutionality of the entire Act is in issue.

The action was commenced on April 6, 1956, by the filing of a verified petition which, omitting formal parts and…