# Moore v. . Bell

> Supreme Court of North Carolina · March 3, 1926 · 191 N.C. 305

URL: https://www.frixlaw.com/law-library/cases/9808972

## Case

- **Full name:** A. WYLIE MOORE, JOS. B. CHESHIRE, Jr., THEO. G. EMPIE, S. H. JORDAN, E. T. STEDMAN, E. G. THOMPSON, J. J. LAWSON and W. L. RANKIN, on Behalf of Themselves and All Other Citizens and Residents of the State of North Carolina, v. B. B. BELL, R. P. MIDGETT, R. L. GRIGGS, PIERCE HAMPTON and W. S. NEWBERN, Members of the GAME COMMISSION of CURRITUCK COUNTY, NORTH CAROLINA
- **Court:** Supreme Court of North Carolina
- **Decided:** March 3, 1926
- **Citations:** 191 N.C. 305; 131 S.E. 724; 1926 N.C. LEXIS 61
- **Precedential status:** Published
- **Opinion:** Concurrence by Clarkson
- **Judges:** Clarkson, Connor
- **Cited by:** 9 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/9808972

## Opinion text

Clarkson, J.,
concurring: I concur in the main opinion on the sole ground that the validity of a statute enacted by the General Assembly, declaring certain acts therein defined to be unlawful and imposing punishment therefor, as crimes, that no injunction or equitable proceeding will lie. The State, or a State agency, county or municipality cannot be enjoined from executing its criminal laws. Remedy is never given in equity when it can be obtained by law. To have presented to this Court the constitutionality of the Currituck County Game Law, it must appear that the party who violated the provision of the law was duly charged with the crime, convicted and appeal taken to this Court. Cohen v. Comrs., 77 N. C., 2 ; Busbee v. Lewis, 85 N. C., 332 ; Wardens v. Washington, 109 N. C., 21 ; Scott v. Smith, 121 N. C., 94 ; Paul v. Washington, 134 N. C., 363 ; Hargett v. Bell, 134 N. C., 395 ; S. v. R. R., 145 N. C., 521 ; Thompson v. Lumberton, 182 N. C., 260 ; Turner v. New Bern, 187 N. C., 548 .
For the reasons given, the constitutionality of the Currituck County Game Law is not passed upon in the present opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9808972. Public record. Not legal advice.