Roper Lumber Co. v. Richmond Cedar Works
Supreme Court of North Carolina
Appeal from order of Allen, J., rendered at chambers, 19 May, 1911; from CaMDEN. Two civil actions between'same parties pending in tbe Superior Court of Camden County were consolidated and beard upon motion for an injunction to tbe bearing by bis Honor, Judge Allen, wbo dissolved tbe restraining order .theretofore granted, and refused to continue tbe same to final bearing. Tbe plaintiff appealed.
1Opinion of the CourtBeowN, J.
It is admitted for tbe purposes of this appeal that tbe plaintiff is tbe owner of Lots 2, 3, and 12, and tbe defendant of Nos. 7 and 8 in tbe division of tbe lands known as tbe New Lebanon estate; and it also appears that defendant has purchased an interest in Lots 1 and 4 of said division. It also *164appears that the defendant claimed the Allen Swamp, lying south of the New Lebanon lands, in which defendant had cut certain timber before the beginning of this suit.
Neither the Cedar "Works Corporation nor its codefendant and subsidiary, the Dismal Swamp Railroad Company, are common carriers, and…
2Cases cited5 opinions
- Trump v. McDonnellSupreme Court of Alabama · 1898
- Wooldridge v. CoughlinWest Virginia Supreme Court · 1899
- Lumber Co. v. Cedar Co.Supreme Court of North Carolina · 1906
- Goldsboro Lumber Co. v. Hines Bros. Lumber Co.Supreme Court of North Carolina · 1900
- People v. Third Avenue RailroadNew York Supreme Court · 1865
3Cited by11 opinions
- Oliver v. ErnulSupreme Court of North Carolina · 1971
- Brasington v. WilliamsSupreme Court of South Carolina · 1927
- Smith v. MooreSupreme Court of North Carolina · 1961
- Pritchard v. ScottSupreme Court of North Carolina · 1961
- Carver v. LeatherwoodSupreme Court of North Carolina · 1949
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