{
  "id": 8571576,
  "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",
  "name_abbreviation": "Smith v. Hauser",
  "decision_date": "1964-11-04",
  "docket_number": "",
  "first_page": "735",
  "last_page": "737",
  "citations": [
    {
      "type": "official",
      "cite": "262 N.C. 735"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.603,
    "pagerank": {
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    "sha256": "e5e544c2c99215d91522e9d6580f60464da9b861be78e9a5c392a05cc0b5e252",
    "simhash": "1:d1cc34a263547c2c",
    "word_count": 786
  },
  "last_updated": "2023-07-14T22:57:24.361559+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "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."
    ],
    "opinions": [
      {
        "text": "PeR Curiam.\nThe cause, which was before Judge Brock for final hearing, was submitted upon an agreed statement of facts.\nIf, 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.\nAffirmed.",
        "type": "majority",
        "author": "PeR Curiam."
      }
    ],
    "attorneys": [
      "Hatfield & Allman and Boy G. Hall, Jr., for plaintiff appellant.",
      "Boddey M. Lig\u00f3n, Jr., for defendant appellees."
    ],
    "corrections": "",
    "head_matter": "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.\n(Filed 4 November, 1964.)\nInjunctions \u00a7 5; Municipal Corporations \u00a7 34\u2014\nTbe enforcement of a municipal Sunday observance ordinance will not be restrained when it is apparent that the party seeking the injunctive relief has an adequate remedy at law in attacking the constitutionality of the ordinance as a defense in the prosecutions against him for its violations.\nAppeal by plaintiff from Brock, Special Judge, September 7, 1964, Civil Session of FoRSyth.\nThis cause was heard below, on the complaint, answer and agreed statement of facts, to determine whether the temporary restraining order issued July 27, 1964, when this action was commenced, should be made permanent.\nThe stipulated facts, except when quoted, are summarized as follows:\nAt a meeting held in April of 1964, the Board of Commissioners of Forsyth County, pursuant to Chapter 1071, 1953 Session Laws, as amended by Chapter 943, 1961 Session Laws, adopted a resolution (regulation) worded as follows:\n\u201cIt shall be unlawful for any person, firm, corporation or association and same are hereby prohibited from operation between the hours of 2:00 o\u2019clock a.m., on Sunday and 12:00.o\u2019clock midnight Sunday, any club where persons may associate for a common purpose, which club is located within 300 yards of the property on which is located any public school or church building, and at any such club all music shall cease at 1:00 o\u2019clock a.m. on Sunday and same shall not be resumed until after 12:00 o\u2019clock midnight on Sunday; that this regulation shall be applicable in all portions of Forsyth County not embraced within the jurisdiction of the City of Winston-Salem and the Town of Ker-nersville.\u201d\n(The cited statutes provide that \u201can appropriate resolution\u201d adopted by the Board of Commissioners of Forsyth County in accordance with prescribed procedures shall have the effect of a \u201clegislative enactment,\u201d and that any person who violates such resolution shall be guilty of a misdemeanor and subject to punishment by fine \u201cnot exceeding fifty dollars ($50.00)\u201d or by imprisonment \u201cnot exceeding thirty (30) days.\u201d)\nPlaintiff owns and operates a night club in Forsyth County. He operates it as a business enterprise for gain or profit. It is located \u201cwithin three hundred (300) yards of a church building in Forsyth County.\u201d It is \u201csome miles removed from the center of Winston-Salem.\u201d He operates it \u201cone night per week, to wit, during the hours of Saturday evening and early Sunday morning, and, before the passage of said resolution . . ., operated until 3:00 a.m. Sunday morning.\u201d A part of its operation \u201cinvolves the playing of music for those patrons who desire to dance.\u201d\nSince the adoption of said resolution, plaintiff has been arrested twice, once because \u201che had not closed his place of business by 2:00 a.m.,\u201d and later because \u201cmusic was played in his establishment after 1:00 a.m.\u201d Plaintiff was convicted in the Municipal Court of Winston-Salem on May 8, 1964, \u201cfor a violation\u201d of said resolution. He appealed \u201cto the May 18, 1964, term of the Superior Court of Forsyth County, and said appeal is presently pending in the Forsyth County Superior Court.\u201d\n\u201cThe plaintiff has some servants and employees who are paid wages for their work and labor from the proceeds derived from the operation of his club to the hour of 3:00 a.m. each Sunday morning. Most of the plaintiff\u2019s patrons are colored persons.\u201d\nPlaintiff seeks to enjoin the enforcement of said resolution. He attacks said resolution on the ground the statutory provisions relied on as authority therefor are unconstitutional and therefore void.\nThe court, being of opinion plaintiff\u2019s \u201cproper remedy is in the criminal action which is pending against him and not by separate action on the civil side,\u201d vacated the temporary restraining order and dismissed the action. 'Plaintiff excepted and appealed.\nHatfield & Allman and Boy G. Hall, Jr., for plaintiff appellant.\nBoddey M. Lig\u00f3n, Jr., for defendant appellees."
  },
  "file_name": "0735-01",
  "first_page_order": 779,
  "last_page_order": 781
}