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HIGH POINT SURPLUS COMPANY v. PLEASANTS

No. 547.

142 S.E.2d 697 (1965)

264 N.C. 650

HIGH POINT SURPLUS COMPANY, Inc. v. Robert PLEASANTS, Sheriff of Wake County, North Carolina, W. H. Trentman, Chairman, and Billy K. Hopkins, James L. Judd, W. J. Booth, Sr., Vassar P. Shearon, Joe W. Barber and Swannie D. Bryan, Commissioners, Board of County Commissioners for Wake County, North Carolina.

Supreme Court of North Carolina.

June 18, 1965.

Attorney(s) appearing for the Case

Cannon, Wolfe & Coggin, Greensboro, and Broughton & Broughton, Raleigh, for plaintiff, appellant.

Thomas A. Banks, Raleigh, for defendants, appellees.

Smith, Leach, Anderson & Dorsett, and C. K. Brown, Jr., Raleigh, for North Carolina Merchants Ass'n, amicus curiae.

MOORE, Justice.

Plaintiff's thesis is that Wake County's Sunday observance ordinance and the statute pursuant to which it was adopted are unconstitutional and the enforcement of the ordinance should be enjoined.

There is a well established rule that the constitutionality of a statute or ordinance purporting to create a criminal offense may not be challenged and tested by suit in equity to enjoin the enforcement...

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