Braddy v. City of Winston-Salem
Cases that cite this one
6 later published cases cite this decision.
- Jarrell v. . Snow (N.C. 1945)
- Dry v. Board of Drainage Commissioners (N.C. 1940)
- Spur Distributing Co. v. City of Burlington (N.C. 1939)
- Casualty Co. v. . Comrs. of Saluda (N.C. 1938)
- Powers v. City of Asheville (N.C. 1932)
- Mebane Graded School District v. County of Alamance (N.C. 1937)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff assails tbe validity of tbe city ordinance which forbids tbe erection of a filling station on bis lot. While tbe matter was pending, and before bearing in tbe Superior Court, another ordinance was adopted which is also pleaded in bar of plaintiff’s right to tbe remedy sought. Without undertaking a minute analysis of these ordinances as applicable to plaintiff’s lot, which would serve no useful purpose as a precedent or otherwise, suffice it to say tbe application for writ of mandamus was properly denied for want of a clear showing of right on tbe part of tbe plaintiff to demand it. Hayes v. Benton, 193 N. C., 379, 137 S. E., 169. Mandamus lies only to enforce a clear legal right. Cody v. Barrett, 200 N. C., 43, 156 S. E., 146; Umstead v. Board of Elections, 192 N. C., 139, 134 S. E., 409; Person v. Doughton, 186 N. C., 723, 120 S. E., 481. In some respects, tbe case of Refining Co. v. McKernan, 179 N. C., 314, 102 S. E., 505, is not unlike tbe one at bar.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.