Town of Estill v. Clarke

The opinion of the Court was delivered by

Mr. Justice Baker.

This action was instituted in the Court of Common Pleas for Hampton County on August 28, 1933, by the Town of Estill, a municipal corporation, for the purpose of requiring C. M. Clarke, respondent, to remove a building alleged to have been erected by respondent on Railroad avenue in said town and to enjoin respondent from maintaining same. Respondent was ordered to show cause before the resident Judge of the Fourteenth judicial circuit why the relief prayed for by the complaint should not be granted, but, upon motion of respondent’s…