Weinstein v. City of Raleigh

BARNHILL and WINBORNE, JJ., join in concurring opinion.

The judgment indicates the controversy, and is as follows:

"This cause was heard before J. Will Pless, Jr., Judge Presiding, without the intervention of a jury, upon the agreement of the parties that he could hear the evidence and find the facts and render judgment thereon. After hearing the evidence and the argument of counsel representing the plaintiff and the defendant the Court finds the following facts:

"1. The plaintiff is a resident of the City of Raleigh, and maintains and operates a junk business approximately one-half mile outside…