Crawford v. . Pearson
Supreme Court of North Carolina
Civil action, by tbe plaintiff, against S. T. Pearson, for damages for wrongfully suing out an injunction, beard before Allen, J., at Fall Term, 1894, of McDowell Superior Court.
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Civil action, by tbe plaintiff, against S. T. Pearson, for damages for wrongfully suing out an injunction, beard before Allen, J., at Fall Term, 1894, of McDowell Superior Court. Tbe defendant in tbis action bad brought an action against tbe plaintiff for damages for wrongfully cutting logs on land alleged to belong to him, tbe plaintiff in said action, and obtained an injunction forbidding tbe defendant in that action (plaintiff in this) for cutting or disposing of tbe logs. There was a judgment in that action in favor of the defendant therein (tbe plaintiff here) who thereupon brought this…
1Opinion of the Court
Montgomery, J. :
Under Chapter 251, Acts of 1893, it is no longer necessary to allege want of probable cause in proceedings to recover damages against plaintiff in attachment suits.
The second ground of demurrer ought to have been sustained. The Code, Section 341, does not contemplate that a separate action shall be brought on an injunction bond, but that the damages sustained by reason of the injunction shall be ascertained by proceedings in the same action and in a mode most expeditious and least expensive to the parties, consistent with the due administration of justice and with orderly…
2Cases cited2 opinions
- North Carolina Gold Amalgamating Co. v. North Carolina Ore Dressing Co.Supreme Court of North Carolina · 1878
- Thompson v. . McNairSupreme Court of North Carolina · 1870
3Cited by10 opinions
- Davenport v. . Board of EducationSupreme Court of North Carolina · 1922
- Shute v. . ShuteSupreme Court of North Carolina · 1920
- Nansemond Timber Co. v. RountreeSupreme Court of North Carolina · 1898
- Powers v. Fidelity & Deposit Co.Superior Court of Delaware · 1945
- Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.Supreme Court of North Carolina · 1895
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