Clegg v. City of Spartanburg

The opinion of the Court was delivered by

Mr. Justice Marion.

The appellants are proprietors of a pool room in the City of Spartanburg. The City adopted an ordinance prohibiting the maintenance and operation of public pool rooms within its limits. The appellants brought this action to enjoin the enforcement of the ordinance. On the verified complaint a rule to show cause, carrying a temporary restraining order, was issued. At the hearing on the rule the City made a return which was substantially a demurrer to the complaint. His Honor, T. S. Sease, Circuit Judge, sustained the demurrer, upheld…