Latham v. . Harris

139 S.E. 773, 194 N.C. 802, 1927 N.C. LEXIS 237

• Court: Supreme Court of North Carolina
• Decided: October 26, 1927
• Status: Published

Opinion

Pee Cueiam.

Plaintiffs, by this action to restrain and enjoin defendant, sheriff of Beaufort County, from enforcing a criminal statute in said county, seek to present for decision the question as to the constitutionality of the statute. It has been repeatedly held that this cannot be done. Moore v. Bell, 191 N. C., 305, and cases therein cited. There are no sufficient allegations in the complaint that property rights of plaintiffs are or will be affected by the enforcement of the statute to bring the action within the principle recently restated in Angelo v. City of Winston-Salem, 193 N. C., 207.

The temporary restraining order was improvidently made. The judgment dissolving this order and dismissing the action is

Affirmed.