Orange Speedway, Inc. v. Clayton

Equity jurisdiction may be exercised to enjoin the threatened enforcement of a statute which contravenes our Constitution wherever it is essential in order to protect property rights and the rights of persons against injuries otherwise irremediable. McCormick v. Proctor, 217 N.C. 23, 6 S.E. 2d 870; Advertising Co. v. Asheville, 189 N.C. 737, 128 S.E. 149. See concurring opinions of Hoke, J., in Turner v. New Bern, 187 N.C. 541, 122 S.E. 469, and Stacy, C.J., in McCormick v. Proctor, supra. See also Terrace v. Thompson, 263 U.S. 197, 68 L.Ed. 255; Truax v. Raich, 239 U.S. 33, 60 L.Ed. 131.

Among…