Lumber Co. v. Cedar Co.
Supreme Court of North Carolina
ActioN by East Lake Lumber Company against East Coast Cedar Company and others, pending in tbe Superior Court of Dare, and beard by Judge W. II. Neal at chambers on 14 August, 1906, on a motion for an injunction. The plaintiff brought the action to restrain the defendants from trespassing on the land described in the complaint by cutting and removing timber therefrom, some of the defendants having a large plant and being engaged extensively in the timber business.
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ActioN by East Lake Lumber Company against East Coast Cedar Company and others, pending in tbe Superior Court of Dare, and beard by Judge W. II. Neal at chambers on 14 August, 1906, on a motion for an injunction. The plaintiff brought the action to restrain the defendants from trespassing on the land described in the complaint by cutting and removing timber therefrom, some of the defendants having a large plant and being engaged extensively in the timber business. The Court granted an injunction to the hearing and the defendants appealed. The plaintiff claimed to be the owner of a large body…
1Opinion of the Court
Walker, J.,
after stating tbe case: As a general rule, a court of equity did not exercise its jurisdiction so as to enjoin offenses against the public or'civil trespasses. Tbe rule as to the former seems to have been without exception (Paul v. Washington, 134 N. C., 363), but, as to tbe latter and after much hesitation, it finally assunied jurisdiction for tbe prevention of torts or injuries to property by means of an injunction, under certain safeguards and restrictions, and two conditions were required to concur before it would thus *417interfere in those cases, namely, the plaintiff’s title…
2Cases cited22 opinions
- John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
- Gause v. . PerkinsSupreme Court of North Carolina · 1857
- Gudger v. . HensleySupreme Court of North Carolina · 1880
- Paul v. WashingtonSupreme Court of North Carolina · 1904
- Lewis v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1888
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Roper Lumber Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1912
- Lumber Co. v. . Cedar WorksSupreme Court of North Carolina · 1912
- Savage Bros. Timber Co. v. CozadSupreme Court of North Carolina · 1926
- Norfolk Lumber Co. v. SmithSupreme Court of North Carolina · 1907
- Southgate v. . ElfenbeinSupreme Court of North Carolina · 1922
5 more not listed; retrieve them via the Exa API.