Hettrick v. . Page
Supreme Court of North Carolina
Application for an Injunction heard at Chambers in Elizabeth City on the 1st day of November, 1879, before; Gudger, J. Upon the facts set out in the opinion of this court, His; Honor refused the plaintiffs’ motion for an injunction and dissolved the restraining order theretofore granted, and the plaintiffs appealed. This is not the case of an ordinary injunction in aid of and secondary to another equity. It is to prevent irreparable injury. Purcell v. Daniel, 8 Ired.
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Application for an Injunction heard at Chambers in Elizabeth City on the 1st day of November, 1879, before; Gudger, J. Upon the facts set out in the opinion of this court, His; Honor refused the plaintiffs’ motion for an injunction and dissolved the restraining order theretofore granted, and the plaintiffs appealed. This is not the case of an ordinary injunction in aid of and secondary to another equity. It is to prevent irreparable injury. Purcell v. Daniel, 8 Ired. Eq., 9. The relief here sought is to stay waste and destructive trespass, 6 Jones Eq.,. 88. See also 4 Jones Eq., 29; Eborn v.…
1Opinion of the CourtSmith, C. J.
This action was commenced on the 12th ■day of September, 1879, and its object is to restrain the defendant by injunction from removing. or interfering with •certain stakes put up in the waters of Albemarle sound upon which the plaintiffs propose, to hang their pod and pound-nets to catch fish. The stakes -commencing opposite the plaintiffs’ shore and extending about one thousand yards ■out into the water, are about three by six inches in size, and separated from each other by short intervals, in a line, are driven some four or more feet into the bottom or bed of the sound, and the net is…
2Cases cited3 opinions
- Jones v. . BoydSupreme Court of North Carolina · 1879
- Skinner v. . Hettrick .Supreme Court of North Carolina · 1875
- Lowndes v. DickersonNew York Supreme Court · 1861
3Cited by11 opinions
- Daniels v. HomerSupreme Court of North Carolina · 1905
- Arey v. LemonsSupreme Court of North Carolina · 1950
- Commissioners of Burke County v. Catawba Lumber Co.Supreme Court of North Carolina · 1895
- Daniels v. . HomerSupreme Court of North Carolina · 1905
- Bell v. . SmithSupreme Court of North Carolina · 1916
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