Chittum v. City of Morgantown

Miller, Judge:

Th,e decree below, now before us for review, pronounced on March 27, 1923, overruled defendant’s motion to dissolve the preliminary injunction theretofore awarded on March 5, 1923, upon bill, demurrer and answer, and general replication thereto, and ex parte affidavits filed.

In accordance with the prayer of the bill, - the injunction enjoined the defendant, its officers and agents from enforcing against plaintiff an ordinance of said city, ordained on January 3, 1923, pursuant to section 29(a), chapter 15, Acts 1921 (Municipal Charters), limiting the gross weight of vehicles,…