Crawford v. Town of Marion
Supreme Court of North Carolina
Civil action pending in tbe Superior Court of McDowell County, and beard at chambers on 28 October, 1910, before bis Honor, Webb, J., upon motion for a restraining order until tbe final bearing to prevent tbe defendants from closing up and obstructing an alleyway leading into plaintiff’s property, whereby be has ingress and egress to tbe public street of tbe town of Marion.
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Civil action pending in tbe Superior Court of McDowell County, and beard at chambers on 28 October, 1910, before bis Honor, Webb, J., upon motion for a restraining order until tbe final bearing to prevent tbe defendants from closing up and obstructing an alleyway leading into plaintiff’s property, whereby be has ingress and egress to tbe public street of tbe town of Marion. His Honor made this order: “It appearing from said affidavits that questions of fact arise as to whether or not plaintiff has sustained or is now sustaining injury by reason of tbe closing up of said alleyway by tbe said…
1Opinion of the CourtBeowN, J.
It was contended upon the argument that this action cannot be maintained and should be dismissed, as its sole purpose is to prohibit by injunction the prosecution of the plaintiff under an ordinance of the town, criminal in its nature, and that tbe principle settled by the cases of Wardens v. Comrs., 109 N. C., 21; Cohen v. Comrs., 77 N. C., 2, and Paul v. Washington, 134 N. C., 379, applies.
■We recognize and reaffirm tbe authority of those cases in holding that a court of equity will not enjoin tbe enforcement of a criminal ordinance or statute, but will leave tbe party to make bis defense…
2Cases cited5 opinions
- Ross v. ThompsonIndiana Supreme Court · 1881
- Wardens St. Peter's Episcopal Church v. Town of WashingtonSupreme Court of North Carolina · 1891
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