# Smith v. Hauser

> Supreme Court of North Carolina · November 4, 1964 · 262 N.C. 735

URL: https://www.frixlaw.com/law-library/cases/6701025

## Case

- **Full 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
- **Court:** Supreme Court of North Carolina
- **Decided:** November 4, 1964
- **Citations:** 262 N.C. 735; 138 S.E.2d 505; 1964 N.C. LEXIS 729
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6701025

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6701025. Public record. Not legal advice.