Legal Opinion
Warren v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Decided January 12, 1944PublishedCited by 4 opinions
1Opinion of the CourtStacy, C. J.
The matter here sought to be litigated is pending before the Utilities Commission, with adequate remedy of appeal by any affected party. C. S., 1097. Even if it be conceded that equity might intervene in certain circumstances, 43 Am. Jur., 720, the present showing is not sufficient to invoke its aid.
As a general rule, where a matter is committed to an administrative agency, one who fails to exhaust the remedies provided before such agency will not be beard in equity to challenge the validity of its orders. Garysburg Mfg. Co. v. Comrs. of Pender County, 196 N. C., 744, 147 S. E., 284; Mfg. Co.…
2Cases cited5 opinions
- State v. ScottSupreme Court of North Carolina · 1921
- City of Chicago v. O'ConnellIllinois Supreme Court · 1917
- State v. . ScottSupreme Court of North Carolina · 1921
- Garysburg Manufacturing Co. v. Board of CommissionersSupreme Court of North Carolina · 1929
- Marion Manufacturing Co. v. Board of CommissionersSupreme Court of North Carolina · 1925
3Cited by4 opinions
- Sinodis v. STATE BD. OF ALCOHOLIC CON., MALT BEV. DIV.Supreme Court of North Carolina · 1962
- City of Winston-Salem v. Winston-Salem City Coach Lines, Inc.Supreme Court of North Carolina · 1956
- Atlantic Greyhound Corp. v. North Carolina Utilities CommissionSupreme Court of North Carolina · 1948
- Ponder v. North Carolina State Board of ElectionsSupreme Court of North Carolina · 1951