Southern Ruralist v. Mayor of Carrollton

Russell, C. J.,

dissenting. In my opinion the exception dealt with in the third headnote, that the ordinance is unfair, unjust, unreasonable, discriminatory, and against public policy, and that it is prohibitive and deprives the plaintiff of the right to pursue a legitimate business, is well sustained by the record. Consequently I dissent from the ruling contained in the third headnote, and necessarily from the judgment of affirmance.