Chappell v. . Mowery

163 S.E. 565, 202 N.C. 584, 1932 N.C. LEXIS 161

• Court: Supreme Court of North Carolina
• Decided: April 13, 1932
• Status: Published

Opinion

Stacy, 0. J.

It is not conceded that the sign in question is an imitation of any official sign, but, however this may be, it is admittedly located on private property and not upon the right of way of any highway. Furthermore, the violation of the provisions of the statute is made a misdemeanor (section 58), and the remedy selected, injunction, would seem to be inappropriate on the showing made by the plaintiff. Loose-Wiles Biscuit Co. v. Sanford, 200 N. C., 467, 157 S. E., 432; Turner v. New Bern, 187 N. C., 541, 122 S. E., 469; Thompson v. Lumberton, 182 N. C., 260, 108 S. E., 722.

The matter may have been coram non judice. The record is not altogether clear on this point. Green v. Stadiem, 197 N. C., 472, 149 S. E., 685; Reid v. Reid, 199 N. C., 740, 155 S. E., 719.

We have discovered no valid reason for a reversal of the judgment.

Affirmed.