Paul v. Washington
Supreme Court of North Carolina
ActioN by SSmitb Paul against tbe city- of Washington, beard by Judge W. A. Hoke, at Chambers, at Elizabeth City, N. 0., January 23, 1904. This is an appeal of the plaintiff from an order made by Judge Hoke in which he dissolved a restraining order theretofore made in the case.
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ActioN by SSmitb Paul against tbe city- of Washington, beard by Judge W. A. Hoke, at Chambers, at Elizabeth City, N. 0., January 23, 1904. This is an appeal of the plaintiff from an order made by Judge Hoke in which he dissolved a restraining order theretofore made in the case. The plaintiff was, before January 1, 1904, and at the time this action was commenced (January 18, 1904), engaged in retailing liquor in the city of Washington, N. C., in a large two-story brick building situated at the corner of Main street and Whitecar alley. There is a front door upon Main street and a side door upon…
1Opinion of the Court
Montgomery, J.,
after stating the facts. The plaintiff commenced this action for relief by injunction, his object being to avail himself of the benefits of his license and at the same time to restrain and enjoin the defendant from enforcing the ordinances, on the ground that they were oppressive, vexatious and unreasonable. He is met in limine by the contention on the part of the defendants that he cannot try the validity of an ordinance of a municipal corporation by injunction, and that he can have no relief in equity because he can have full relief in a court of law if the ordinance be…
2Cases cited7 opinions
- Wardens St. Peter's Episcopal Church v. Town of WashingtonSupreme Court of North Carolina · 1891
- State v. . YoppSupreme Court of North Carolina · 1887
- Scott v. . SmithSupreme Court of North Carolina · 1897
- State v. Ray.Supreme Court of North Carolina · 1902
- State v. . ThomasSupreme Court of North Carolina · 1896
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3Cited by28 opinions
- State v. . WilliamsSupreme Court of North Carolina · 1908
- McCormick v. . ProctorSupreme Court of North Carolina · 1940
- State v. . R. R.Supreme Court of North Carolina · 1907
- D & W, INC. v. City of CharlotteSupreme Court of North Carolina · 1966
- Thompson v. Town of LumbertonSupreme Court of North Carolina · 1921
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