McHugh v. Mayor of Morristown

The appellants filed the original bill in this cause against the Mayor and Aldermen of Morristown seeking to enjoin the final passage of an ordinance and for a declaratory -judgment.. The- proposed ordinance attacked is one which prohibits the storage and possession of beer in certain locations and transportation thereof for use in this prohibited area.

The appellees demurred to the bill because (1) there is no equity on the face of the bill, and (2) the bill seeks to enjoin the passage of a penal ordinance. Coupled with this demurrer an answer supported by affidavits attached as exhibits was…