Little v. Town of Lenoir
Supreme Court of North Carolina
Appeal from Justice, J., from Caldwell, denying, in May, 1909, tbe motion of plaintiff to continue an injunction to tbe bearing. Tbe plaintiffs, many in number, all owning land on Lower Creek, in tbe counties of Caldwell and Burke, sued tbe defendants, tbe town of Lenoir, its mayor and board of commissioners, to enjoin tbem from emptying tbe sewage of tbe town,‘tbrougb its sewerage system, then being constructed, into Lower Creek.
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Appeal from Justice, J., from Caldwell, denying, in May, 1909, tbe motion of plaintiff to continue an injunction to tbe bearing. Tbe plaintiffs, many in number, all owning land on Lower Creek, in tbe counties of Caldwell and Burke, sued tbe defendants, tbe town of Lenoir, its mayor and board of commissioners, to enjoin tbem from emptying tbe sewage of tbe town,‘tbrougb its sewerage system, then being constructed, into Lower Creek. Tbe affidavits show that this creek partially encircles the town of Lenoir, is sluggish in its flow; its bed has for several miles below the town been-filled up…
1Opinion of the Court
MANNING, J.,
after stating tbe case: It was admitted on the argument before us that, after his Honor declined to continue the injunction to the hearing, the town of Lenoir completed its system of sewerage, and the same has been in use now for several months; so that, what the plaintiffs apprehend as a threatened injury and invasion of their rights has become an accomplished and completed act, and may now be measured, not by uncertain conjecture and speculation, but by actual results and effects. The question presented is, therefore, an abstract question as to the injunction against a…
2Cases cited19 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Hitchins Bros. v. Mayor of FrostburgCourt of Appeals of Maryland · 1887
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
- Fisher v. New Bern.Supreme Court of North Carolina · 1906
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3Cited by17 opinions
- Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
- Donnell v. City of GreensboroSupreme Court of North Carolina · 1913
- Dayton v. . AshevilleSupreme Court of North Carolina · 1923
- Cook v. Town of MebaneSupreme Court of North Carolina · 1926
- Hines v. . Rocky MountSupreme Court of North Carolina · 1913
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