FROSTY ICE CREAM, INC. v. HORD

No. 256.

138 S.E.2d 816 (1964)

263 N.C. 43

FROSTY ICE CREAM, INC., a corporation, Rol-A-Long, Inc., a corporation, O. L. Rogers, t/a Freez-O, a sole proprietorship, I. L. Oates, Jr., t/a Freddie Freeze of Charlotte, a sole proprietorship, W. E. Cox, t/a Cox Frozen Delight, a sole proprietorship, Wilford R. Lookadoo, t/a Mr. Cool, a sole proprietorship, Frento Burton, t/a Frento's Ice Cream, a sole proprietorship, on behalf of themselves and such other persons, firms or corporations as are similarly affected by Article III, Section 13-52 and Section 13-53 of The Code of the City of Charlotte, North Carolina, v. John HORD, Chief, Charlotte Police Department.

Supreme Court of North Carolina.

November 25, 1964.


Attorney(s) appearing for the Case

Wardlow, Knox, Caudle & Wade and Gertzman & Goldfarb, Charlotte, for plaintiff appellants.

John T. Morrisey, Sr., Charlotte, for defendant appellee.


BOBBITT, Justice.

The violation of a (valid) municipal ordinance is a misdemeanor. G.S. § 14-4; State v. Barrett, 243 N.C. 686, 91 S.E.2d 917, and cases cited.

Plaintiffs do not allege that they, or any of them, were at any time prosecuted or arrested for alleged violation of said ordinance provisions. Since July 12, 1963, defendant has been restrained from obtaining warrants and making...

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