Johnston v. . Rankin
Supreme Court of North Carolina
Civil action-, motion to dissolve a restraining order, heard by Cloud, J., at the Fall Term, 1873, oí TsaNsylvaNia Superior Court. The facts pertinent to the points decided are fully stated in tlie opinion of the Court. Erom the judgment of the Court below, continuing the injunction to the hearing, the defendants appealed. This was an application for an injunction to suspend the ordinary business of a corporation.
Read the full summary
Civil action-, motion to dissolve a restraining order, heard by Cloud, J., at the Fall Term, 1873, oí TsaNsylvaNia Superior Court. The facts pertinent to the points decided are fully stated in tlie opinion of the Court. Erom the judgment of the Court below, continuing the injunction to the hearing, the defendants appealed. This was an application for an injunction to suspend the ordinary business of a corporation. The injunction was granted contrary to the provisions of the Code of Civil Procedure. See sec. 194, C. C. P. "When a municipal corporation is authorized to make improvements and a…
1Opinion of the CourtRodMAN, J.
In this action, the plaintiff seeks to recover damages, for a trespass on his land by the defendant and his servants and agents, in extending over the land and through the plaintiff’s enclosure, a street of the town of Asheville. As auxiliary to such remedy, and to prevent irreparable damage, he asks for an injunction. The injunction was ordered, and at Transylvania Superior Court the defendants moved to vacate it, which the Judge refused to do, and from that refusal an appeal was taken.
The defendants, in their answer, admit the alleged trespass, but justify by pleading that defendant Rankin…
2Cases cited1 opinion
- McIntire v. Western N. C. RailroadSupreme Court of North Carolina · 1872
3Cited by47 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Sale v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
- Redevelopment Commission v. Security National Bank of GreensboroSupreme Court of North Carolina · 1960
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
42 more not listed; retrieve them via the Exa API.