Durham v. . Hamilton
Supreme Court of North Carolina
Appeal by defendants from Bay, J., at October Term, 1920, of Guileord. Tbe action is to recover damages for an alleged nuisance affecting tbe property pf plaintiff, and to restrain tbe further continuance of same, caused by tbe wrongful and improper maintenance by defendants of a slaugbter-bouse on a stream just above plaintiff’s land, and aggravated by tbe condition of certain bog-pens, etc., as maintained in connection with said slaugbter-bouse, and causing damage, etc.
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Appeal by defendants from Bay, J., at October Term, 1920, of Guileord. Tbe action is to recover damages for an alleged nuisance affecting tbe property pf plaintiff, and to restrain tbe further continuance of same, caused by tbe wrongful and improper maintenance by defendants of a slaugbter-bouse on a stream just above plaintiff’s land, and aggravated by tbe condition of certain bog-pens, etc., as maintained in connection with said slaugbter-bouse, and causing damage, etc. On denial of liability, tbe jury rendered tbe following verdict: “1. Did tbe defendants erect and maintain tbe nuisance as…
1Opinion of the CourtIIoKE, J.
We find no error in tbe record affecting the determination of tbe issues, but tbe judgment in our opinion goes farther than tbe verdict warrants. As applied to tbe facts of this record, an adversary judgment is but tbe conclusion of tbe law from tbe facts admitted, or as established by tbe verdict, and must be within tbe scope and purport of tbe facts so ascertained and determined. Beyond that, tbe judgment is at best irregular and may at times be beld entirely invalid. Holloway v. Durham, 176 N. C., 550; Hobgood v. Hobgood, 169 N. C., 491; Williams v. Alexander, etc., 74 N. C., 1; Whitwell…
2Cases cited5 opinions
- State ex rel. McManus v. MuenchSupreme Court of Missouri · 1909
- Hobgood v. HobgoodSupreme Court of North Carolina · 1915
- Holloway v. City of DurhamSupreme Court of North Carolina · 1918
- Whitwell & Hoover v. EmoryMichigan Supreme Court · 1853
- Williams v. . WilliamsSupreme Court of North Carolina · 1876
3Cited by3 opinions
- Gibson v. Central Manufacturers' Mutual InsuranceSupreme Court of North Carolina · 1950
- Sitterson v. . SittersonSupreme Court of North Carolina · 1926
- Hobgood v. . HobgoodSupreme Court of North Carolina · 1915