Keys v. . Alligood
Supreme Court of North Carolina
MotioN beard by Devin, J., oil 8 May, 1919, in Beaufort. The court had issued an order restraining the defendants from in any way interfering with a certain road, and on return of the order, and after hearing the evidence and the argument of counsel, the court granted an interlocutory injunction to the final hearing, forbidding the defendants from entering upon the premises or using the road except strictly for purposes of ingress and egress, as heretofore, and no more.
Read the full summary
MotioN beard by Devin, J., oil 8 May, 1919, in Beaufort. The court had issued an order restraining the defendants from in any way interfering with a certain road, and on return of the order, and after hearing the evidence and the argument of counsel, the court granted an interlocutory injunction to the final hearing, forbidding the defendants from entering upon the premises or using the road except strictly for purposes of ingress and egress, as heretofore, and no more. There was no appeal from this order, and while the interlocutory injunction was pending and still in full force, it was…
1Opinion of the Court
Walker, J.,
after stating the case: It is somewhat difficult to understand from the record whether the court withheld the punishment for the contempt in violating the order until the defendants had reasonable time and opportunity to restore the ditch bank, or whether the mandatory injunction was issued absolutely and without regard to any alternative judgment in the way of punishment for the contempt. We rather favor the former construction of the order, but will consider it in both phases.
1. If the order was in the alternative, there can be no question as to the power-of the court to make it.…
2Cases cited6 opinions
- Pain v. . PainSupreme Court of North Carolina · 1879
- Murphey v. HarkerSupreme Court of Georgia · 1902
- Cromartie v. Commissioners of BladenSupreme Court of North Carolina · 1881
- Vicksburg, S. & P. Ry. Co. v. Webster Sand, Gravel & Construction Co.Supreme Court of Louisiana · 1913
- In Re PattersonSupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Seaboard Air Line Railroad v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1953
- Anderson v. Town of WaynesvilleSupreme Court of North Carolina · 1932
- Elder v. BarnesSupreme Court of North Carolina · 1941
- Haggard v. MitchellSupreme Court of North Carolina · 1920
- Elder v. . BarnesSupreme Court of North Carolina · 1941
7 more not listed; retrieve them via the Exa API.