Smith v. Hauser

Supreme Court of North Carolina
Smith v. Hauser, 262 N.C. 735 (N.C. 1964)
138 S.E.2d 505; 1964 N.C. LEXIS 729

Smith v. Hauser

Opinion of the Court

PeR Curiam.

The cause, which was before Judge Brock for final hearing, was submitted upon an agreed statement of facts.

If, as plaintiff asserts, the statutory provisions relied on by the Board of Commissioners of Forsyth County as authority for their resolution of April, 1964, are unconstitutional and therefore void, plaintiff has an adequate remedy at law in that he has a complete defense to a criminal prosecution for violation of said resolution. In our view, the stipulated facts fail to show circumstances sufficient to warrant equitable (injunctive) relief; and the general rule, as stated in Walker v. Charlotte, ante, 697, . S.E. 2d ., and cases cited, applies. Hence, the judgment of the court below is affirmed.

Affirmed.

Reference

Full Case Name
WILLIE SMITH v. FRED HAUSER, E. G. LACKEY, BESS WARREN, SOL COLTRANE and JACK COVINGTON, Members of the Forsyth County Board of Commissioners, and E. G. SHORE, Sheriff of Forsyth County
Cited By
3 cases
Status
Published