Mocksville Lodge, No. 134 v. Gibbs
Supreme Court of North Carolina
Appeal from order of Daniels, J., rendered at chambers, 29 August, 1911; from Davie. The summons in this action was issued on 7 August, 1913, and on the same day an order was signed by the judge holding the courts of the Tenth District, restraining the defendant, G. E. Gibbs, his agents and employees, from operating a merry-go-round or other device upon the grounds described in the affidavit, on the 10th and 12th days of August, 1911, and from doing or permitting to be done…
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Appeal from order of Daniels, J., rendered at chambers, 29 August, 1911; from Davie. The summons in this action was issued on 7 August, 1913, and on the same day an order was signed by the judge holding the courts of the Tenth District, restraining the defendant, G. E. Gibbs, his agents and employees, from operating a merry-go-round or other device upon the grounds described in the affidavit, on the 10th and 12th days of August, 1911, and from doing or permitting to be done by himself, his agents or employees, anything tending to the annoyance or disturbance of the picnics to be held on those…
1Opinion of the CourtAllen, J.
The facts found by his Honor and incorporated in his order are ample to support the conclusion he reached, and they are not reviewable, if supported by evidence. Young v. Rollins, 90 N. C., 125; In re Denton, 105 N. C., 59; Green v. Green, 130 N. C., 578.
The respondents do not contest the correctness of this rule, but, admitting it, théy say there is no evidence to support the findings that they had notice of the restraining order before 10 August, 1911, on which day it is alleged it was violated, or that the respondent Emington was the agent of the respondent Gibbs, or that the sale to…
2Cases cited6 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- In the Matter of B. F. Moore, and OthersSupreme Court of North Carolina · 1869
- Baker v. . CordonSupreme Court of North Carolina · 1882
- Weston v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1912
- Young v. . RollinsSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dyer v. . DyerSupreme Court of North Carolina · 1938
- In Re T. J. ParkerSupreme Court of North Carolina · 1919
- Hart Cotton Mills, Inc. v. AbramsSupreme Court of North Carolina · 1950
- Flack v. . FlackSupreme Court of North Carolina · 1920
- Wilson v. . BryanSupreme Court of North Carolina · 1928