Reyburn v. Sawyer
Supreme Court of North Carolina
AotioN by Iobn E. Reyburn against D. C. Sawyer, beard by Judge M. II. Justice, at Spring Term, 1903, of tbe Superior Court of Dabe County. Action to restrain by injunction tbe defendant from maintaining a nuisance, referred to, have decided all issues of fact and law.
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AotioN by Iobn E. Reyburn against D. C. Sawyer, beard by Judge M. II. Justice, at Spring Term, 1903, of tbe Superior Court of Dabe County. Action to restrain by injunction tbe defendant from maintaining a nuisance, referred to, have decided all issues of fact and law. Tbe referee, from tbe evidence, finds tbe following facts, to-wit: 1. Durant’s Island is a body of land lying in Dare County, surrounded by tbe waters of Albemarle Sound, Alligator River, East Lake and tbe llaul'over, and is well known by tbe name of Durant’s Island; all of said waters and land lie wholly within tbe State of…
1Opinion of the CourtMontgomery, J.
The referee’s conclusions of law upon the facts found by him that the action of the defendant in the placing of pound nets in the manner in which they were set constituted a public nuisance was a correct one. State v. Club, 100 N. C., 477, 6 Am. St. Rep., 618. To prevent a multiplicity of private actions, the laAV provides a remedy for public nuisances in the Avay of an indictment, by Aidiich the nuisance can be abated or the offender punished by fine or imprisonment, or in both ways. The plaintiff in this action, hoAvever, alleges in his complaint that he has suffered, and further that he…
2Cases cited10 opinions
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
- Thebaut v. CanovaSupreme Court of Florida · 1867
- Blanc v. KlumpkeCalifornia Supreme Court · 1865
- Farmers Co-Operative Manufacturing Co. v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1895
- State v. Narrows Island Club.Supreme Court of North Carolina · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hampton v. North Carolina Pulp Co.Supreme Court of North Carolina · 1943
- Royer v. State ex rel. BrownIndiana Court of Appeals · 1916
- City of Durham v. Eno Cotton MillsSupreme Court of North Carolina · 1907
- Viebahn v. Board of County CommissionersSupreme Court of Minnesota · 1905
- Pedrick v. RailroadSupreme Court of North Carolina · 1906
10 more not listed; retrieve them via the Exa API.