Thompson v. Town of Lumberton
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., July Term, 1921, of EobesoN. Tbe commissioners of the town of Lumberton adopted the following ordinance: “SectioN 1. No person or persons residing within the corporate limits of the town of Lumberton shall be allowed to operate a motor vehicle within said town until he shall have been granted license as a chauffeur or driver, as provided by this ordinance.
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Appeal by defendant from Kerr, J., July Term, 1921, of EobesoN. Tbe commissioners of the town of Lumberton adopted the following ordinance: “SectioN 1. No person or persons residing within the corporate limits of the town of Lumberton shall be allowed to operate a motor vehicle within said town until he shall have been granted license as a chauffeur or driver, as provided by this ordinance. “Sec. 2. Every person desiring to operate a motor vehicle within the; town of Lumberton shall file written application with the town clerk and treasurer, accompanied by a certificate signed by two…
1Opinion of the CourtGlakk, C. J.
An injunction does not lie to restrain the enforcement of an alleged invalid town ordinance. It has been uniformly held that equitable relief will not be granted in cases where there is an adequate and effectual remedy at law. Busbee v. Macy, 85 N. C., 329. It'has also been uniformly held that an injunction will not be granted to restrain the enforcement of the criminal law except when it is necessary to prevent irrevocable injury to, or destruction of, property or to protect the defendant from oppressive and vexatious litigation. In the latter case, the courts will grant an injunction only…
2Cases cited7 opinions
- Wardens St. Peter's Episcopal Church v. Town of WashingtonSupreme Court of North Carolina · 1891
- Paul v. WashingtonSupreme Court of North Carolina · 1904
- State v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Busbee v. . MacYSupreme Court of North Carolina · 1881
- Scott v. . SmithSupreme Court of North Carolina · 1897
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3Cited by25 opinions
- State v. . SingletonSupreme Court of North Carolina · 1922
- McCormick v. . ProctorSupreme Court of North Carolina · 1940
- Turner v. . New BernSupreme Court of North Carolina · 1924
- D & W, INC. v. City of CharlotteSupreme Court of North Carolina · 1966
- Suddreth v. City of CharlotteSupreme Court of North Carolina · 1943
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