Tremaine v. . Williams
Supreme Court of North Carolina
Civil actioN, brought in the Superior Court of DupliN County to- recover damages of the defendant for cutting trees. On 23 October, 1906, plaintiff obtained an order restraining defendant from cutting the trees into timber upon the land in question. A motion was made by plaintiff before Jones, J., at chambers in Kenansville, on 23 October, 1906, to continue the order to the final hearing, and from the judgment of his Honor the defendant appealed.
Read the full summary
Civil actioN, brought in the Superior Court of DupliN County to- recover damages of the defendant for cutting trees. On 23 October, 1906, plaintiff obtained an order restraining defendant from cutting the trees into timber upon the land in question. A motion was made by plaintiff before Jones, J., at chambers in Kenansville, on 23 October, 1906, to continue the order to the final hearing, and from the judgment of his Honor the defendant appealed. The pertinent facts are stated in the opinion.
1Opinion of the CourtClark, C. J.
The plaintiff’s grantor, James M. Williams, and the defendant entered into the following contract 20 April, 1905:
“I, James M. Williams, have agreed to let John W. Williams put a steam-mill on my land near Hallsville, Duplin County, N. O., and John W. Williams is to pay me one dollar and fifty cents per thousand for pine timber, the same to be measured at the mill by the Doyle rule as it is delivered there before any is sawed; and John W. AVilliams may keep said mill there for twelve months, with privileges of five years, provided he pays for the timber as cut, at no time to have on hand over…
2Cases cited3 opinions
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Green v. . the North Carolina Railroad Co.Supreme Court of North Carolina · 1875
- Ward v. Gay.Supreme Court of North Carolina · 1905
3Cited by17 opinions
- Lanier v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1919
- North State Piano Co. v. SpruillSupreme Court of North Carolina · 1909
- Chandler v. . CameronSupreme Court of North Carolina · 1948
- Bank of Colerain v. CoxSupreme Court of North Carolina · 1916
- Bishop v. Du BoseSupreme Court of North Carolina · 1960
12 more not listed; retrieve them via the Exa API.