Scott v. . Smith
Supreme Court of North Carolina
This was a motion to dissolve a restraining order in an action pending in WayNE Superior Court, heard before Robinson, J., at Chambers at Goldsboro, on 27th July, 1897. The motion was denied and the defendants appealed.
1Opinion of the Court
Faircloth, C. J.:
The commissioners of the town of Pikeville passed an ordinance declaring it unlawful and punishable by fine to play baseball, foot-ball &c., within the corporate limits of the town without permission of the Mayor, who is one of the defendants, and the plaintiff brings this action to restrain the threatened enforcement -of the ordinance by the defendant, Mayor, on the ground that the ordinance is void and in violation of the constitution, in that it deprives the citizens of their “liberty, the enjoyment of the fruits of their own labor and the pursuit of happiness.”
If the…
2Cases cited2 opinions
- Wardens St. Peter's Episcopal Church v. Town of WashingtonSupreme Court of North Carolina · 1891
- Cohen v. Commissioners of GoldsboroSupreme Court of North Carolina · 1877
3Cited by22 opinions
- Roller v. AllenSupreme Court of North Carolina · 1957
- Kelly v. ConnerTennessee Supreme Court · 1909
- State v. . R. R.Supreme Court of North Carolina · 1907
- Turner v. . New BernSupreme Court of North Carolina · 1924
- Paul v. WashingtonSupreme Court of North Carolina · 1904
17 more not listed; retrieve them via the Exa API.