Rea v. . Hampton
Supreme Court of North Carolina
This was an appeal from a judgment of Graves, J., rendered at February Term, 1888, of Bertie Superior Court, granting a perpetual injunction restraining the defendant from removing the stakes of the plaintiff under § 3383 of The Code.
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This was an appeal from a judgment of Graves, J., rendered at February Term, 1888, of Bertie Superior Court, granting a perpetual injunction restraining the defendant from removing the stakes of the plaintiff under § 3383 of The Code. The plaintiffs, in substance, alleged that they were the owners of certain traps and lawfully and rightfully engaged in fishing in the waters of Albemarle Sound, near the Bertie shore, and were operating certain traps for taking fish, called Long Island Fish Traps, and that the defendant threatened to tear down and destroy said traps, and unless restrained great…
1Opinion of the Court
Davis, J.,
(after stating the case). By § 3383 of The Code, it is made “ unlawful for any person to set or fish a Dutch net or Pod net in Roanoke River, Cashie or Middle River, or within two miles of the mouth of said rivers, or within one mile of the mouth of any other river emptying into Al-bemarle Sound, * * * * and all persons who shall set or fish any such net in said sound, shall pull up and remove the stakes used for the same by the first day of June next succeeding the fishing season, and if any person shall set or fish any Dutch net or Pod net in said sound, in violation of this…
2Cases cited5 opinions
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Ames v. Port Huron Log Driving & Booming Co.Michigan Supreme Court · 1863
- Hettrick v. . PageSupreme Court of North Carolina · 1880
- Skinner v. . Hettrick .Supreme Court of North Carolina · 1875
- State Ex Rel. Vann v. PipkinSupreme Court of North Carolina · 1877
3Cited by9 opinions
- Daniels v. HomerSupreme Court of North Carolina · 1905
- Daniels v. . HomerSupreme Court of North Carolina · 1905
- Bell v. . SmithSupreme Court of North Carolina · 1916
- Bryant v. HogarthCourt of Appeals of North Carolina · 1997
- State v. . WoodardSupreme Court of North Carolina · 1898
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