Flemming v. City of Asheville

On a former appeal by the plaintiffs from a judgment in this action, dissolving a temporary restraining order, the judgment was reversed and the action remanded to the Superior Court of Buncombe County for further proceedings in accordance with the opinion of this Court. Flemming v. Asheville, 203 N. C., 810, 167 S. E., 77. No findings of fact appeared in the judgment, and for that reason it could not be determined by this Court on what grounds the temporary restraining order was dissolved.

It now appears from the findings of fact set out in the judgment that the ordinance of the city of…