From Casetext: Smarter Legal Research

Braddy v. Winston-Salem

Supreme Court of North Carolina
Jul 1, 1931
159 S.E. 310 (N.C. 1931)

Opinion

(Filed 2 July, 1931.)

Mandamus A b — Mandamus lies only to enforce clear legal right.

Mandamus lies only to enforce a clear legal right, and the writ will be denied when the application therefor fails to show this right on the part of the plaintiff demanding it.

APPEAL by plaintiff from Finley, J., at Chambers in Winston-Salem, 1 August, 1930. From FORSYTH.

George W. Braddy for plaintiff.

Parris Deal for defendants.


Application for writ of mandamus to require the respondents to issue to the plaintiff a building permit to erect a filling station on a lot owned by him in the city of Winston-Salem.

From an order denying application for writ of mandamus and dismissing the action, plaintiff appeals, assigning errors.


Plaintiff assails the validity of the city ordinance which forbids the erection of a filling station on his lot. While the matter was pending, and before hearing in the Superior Court, another ordinance was adopted which is also pleaded in bar of plaintiff's right to the remedy sought. Without undertaking a minute analysis of these ordinances as applicable to plaintiff's lot, which would serve no useful purpose as a precedent or otherwise, suffice it to say the application for writ of mandamus was properly denied for want of a clear showing of right on the part of the plaintiff to demand it. Hayes v. Benton, 193 N.C. 379, 137 S.E. 169. Mandamus lies only to enforce a clear legal right. Cody v. Barrett, 200 N.C. 43, 156 S.E. 146; Umstead v. Board of Elections, 192 N.C. 139, 134 S.E. 409; Person v. Doughton, 186 N.C. 723, 120 S.E. 481. In some respects, the case of Refining Co. v. McKernan, 179 N.C. 314, 102 S.E. 505, is not unlike the one at bar.

Affirmed.


Summaries of

Braddy v. Winston-Salem

Supreme Court of North Carolina
Jul 1, 1931
159 S.E. 310 (N.C. 1931)
Case details for

Braddy v. Winston-Salem

Case Details

Full title:G. W. BRADDY v. CITY OF WINSTON-SALEM ET AL

Court:Supreme Court of North Carolina

Date published: Jul 1, 1931

Citations

159 S.E. 310 (N.C. 1931)
159 S.E. 310

Citing Cases

School District v. Alamance County

Missouri v. Murphy, 170 U.S. 78; Withers v. Comrs., 163 N.C. 341; Edgerton v. Kirby, 156 N.C. 347; Betts v.…

Powers v. Asheville

This practice may prevail under other statutes (5 R. C. L., 614) and in the Federal Civil Service ( U.S. v.…