Flemming v. City of Asheville

Issues of fact are sharply raised by the pleadings in this action. The evidence at the hearing of the motion of plaintiffs that the temporary restraining order be made permanent, was contradictory as to material facts. No findings of fact appear in the judgment or in the record. We are unable to determine in the present state of the record upon what ground the temporary restraining order was dissolved.

A city ordinance dealing with a matter of great importance to the public as well as to operators of motor buses on the streets of the towns and cities of this State, is involved in this action.…