State Ex Rel. Sinclair v. Croom
Supreme Court of North Carolina
1Opinion of the CourtSeawell, J.
This case is governed by Habit v. Stephenson, ante, 447, and Barker, Solicitor, v. Palmer, ante, 519. In both of these cases this Court has decided tiat tie property of an innocent person, which in itself is not of a character such as to constitute a nuisance per se, or according to its ordinary use, may not be condemned, or its innocent use by the owner forbidden or destroyed, because it happens to be in tie possession of a person who is guilty of maintaining a nuisance, aided by its use, unless tie owner has participated in the creation or maintenance of tie nuisance, or has knowledge…
2Cases cited10 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- State ex rel. Wilcox v. RyderSupreme Court of Minnesota · 1914
- City of Pana v. Central Washed Coal Co.Illinois Supreme Court · 1913
- People Ex Rel. Lemon v. ElmoreNew York Court of Appeals · 1931
- Gregg v. PeopleSupreme Court of Colorado · 1918
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3Cited by4 opinions
- State Ex Rel. Rhodes v. SimpsonSupreme Court of North Carolina · 1989
- State ex rel. Bowman v. MalloySupreme Court of North Carolina · 1965
- State ex rel. Bowman v. FippsSupreme Court of North Carolina · 1966
- State Ex Rel. Rhodes v. SimpsonSupreme Court of North Carolina · 1989