Messer v. . Smathers

This was an action to restrain the Asheville school board from opening and establishing the Asheland Avenue school building in the city of Asheville, North Carolina, as a school for colored children.

At the hearing before the court, from the pleadings, affidavits, and record evidence, the court found the following facts:

"1. That the plaintiffs are property holders on Asheland Avenue, in the city of Asheville, all residing north of the Asheland Avenue school building herein referred to.

"2. That the defendants, W. M. Smathers, W. A. Goodson, W. Randall Harriss, Mrs. Fred Hampton, and Mrs. Robert…