City of Elizabeth City v. Aydlett

STACY, C. J., and ADAMS, J., concurring. This is a proceeding for injunctive relief. The plaintiff is a municipal corporation, and duly passed an ordinance regulating the location and erection of filling or gasoline stations within certain territory within the corporate limits of Elizabeth City before defendant was indicted for its violation.

The complaint, among other things, alleges: "That the defendant, A. L. Aydlett, his servants, agents and employees are wrongfully, unlawfully and in violation of said ordinance, locating, erecting, building and constructing a filling station upon that…