Cohen v. Commissioners of Goldsboro
Supreme Court of North Carolina
Appeal from an Order granting an Injunction made ori-the 18th of J une, 1877, by Moore, J. The application of the plaintiffs for an injunction -was* based upon an affidavit stating that they were merchants- is the Town of Goldsboro, and were dealing in a general! variety of groceries including fresh beef; that the defendant commissioners had adopted a town ordinance forbidding the sale of fresh meat except under certain restrictions, t®> the injury of plaintiffs • that…
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Appeal from an Order granting an Injunction made ori-the 18th of J une, 1877, by Moore, J. The application of the plaintiffs for an injunction -was* based upon an affidavit stating that they were merchants- is the Town of Goldsboro, and were dealing in a general! variety of groceries including fresh beef; that the defendant commissioners had adopted a town ordinance forbidding the sale of fresh meat except under certain restrictions, t®> the injury of plaintiffs • that the}1- were arrested and fined for a violation of said ordinance and were compelled to suspend' tlicir business. Thereupon…
1Opinion of the CourtEeade, J.
If the defendants have an unlawful ordinance1, and have arrested and fined the plaintiffs, as they allege, the-plaintiffs have complete redress in an action for damages.. And as often as the arrest may be repeated they have the-, like redress ; but we are aware of no principle or precedent, for the interposition of a Court of Equity in such eases.
The injuution is dissolved and the case dismissed.
Per Curiam. Judgment reversed.
2Cited by13 opinions
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
- Paulk v. Mayor of SycamoreSupreme Court of Georgia · 1898
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
- Kelly v. ConnerTennessee Supreme Court · 1909
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