Legal Opinion

McKay v. . Chapin

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 5 opinions

MotioN to continue a restraining order granted by Mo-Iver, Jat Chambers, February 8, 1896, and for the appointment of a receiver heard before him at Chambers, in Littington, N. C., on February 8, 1896. The defendant filed a counter affidavit denying the material allegations in plaintiff's affidavit, and moved to vacate said restraining order, on the ground that no complaint had been filed showing facts sufficient to entitle the plaintiff, or that the affidavit filed, if…

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MotioN to continue a restraining order granted by Mo-Iver, Jat Chambers, February 8, 1896, and for the appointment of a receiver heard before him at Chambers, in Littington, N. C., on February 8, 1896. The defendant filed a counter affidavit denying the material allegations in plaintiff's affidavit, and moved to vacate said restraining order, on the ground that no complaint had been filed showing facts sufficient to entitle the plaintiff, or that the affidavit filed, if true, was net sufficient to entitle plaintiff to relief. His Honor refused the motion, and defendant excepted. The defendant…

1Opinion of the Court

Claek, J.:

The allegation that the defendant is insolvent and is cutting down timber trees on plaintiff’s land and hauling them off, and threatens to continue to do so, to'the irreparable damage of the plaintiff, is sufficient, if true, to authorize an injunction to issue, and the appointment of a receiver. Dunkart v. Rinehart, 87 N. C., 224; Lumber Co. v. Wallace, 93 N. C., 22. Indeed, it is not now necessary to allege insolvency in sucb case. Ousby v. Neal, 99 N. C., 146; Acts 1885, Ch. 401. There is no alllegation or exception that the defendant tendered the bond authorized by Acts 1885,…

2Cases cited7 opinions

  1. John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
  2. Lewis v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1888
  3. Dunkart v. . RinehartSupreme Court of North Carolina · 1882
  4. Miller v. . Parker .Supreme Court of North Carolina · 1875
  5. Ousby v. . NealSupreme Court of North Carolina · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Yount v. . SetzerSupreme Court of North Carolina · 1911
  2. Stewart v. Munger & Bennett, Inc.Supreme Court of North Carolina · 1917
  3. Kistler v. Weaver.Supreme Court of North Carolina · 1904
  4. Standard Bonded Warehouse Co. v. Cooper & Griffin, Inc.District Court, W.D. North Carolina · 1929
  5. McAden v. . WatkinsSupreme Court of North Carolina · 1926

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