Holloway v. City of Durham
Supreme Court of North Carolina
• ActioN, tried before Bond, Jand a jury, at March Civil Term, 1918, of Dubham. Plaintiff, owning a tract of land on Ellerbee Creek, in said county, in 1917, sued for damages thereto done by defendant in wrongfully dumping raw sewage into said creek, creating a nuisance and causing substantial injury to same, and also in the negligent operating of its septic tank and disposal plant used in connection with the sewage system of the city.
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• ActioN, tried before Bond, Jand a jury, at March Civil Term, 1918, of Dubham. Plaintiff, owning a tract of land on Ellerbee Creek, in said county, in 1917, sued for damages thereto done by defendant in wrongfully dumping raw sewage into said creek, creating a nuisance and causing substantial injury to same, and also in the negligent operating of its septic tank and disposal plant used in connection with the sewage system of the city. There was denial of liability by defendant, and also plea of estoppel by judgment, preventing any and all further recovery by plaintiff by reason'of the matter…
1Opinion of the CourtHoke, J.
In order to an effective estoppel of record by an adversary judgment in personam, it is -required tbat the court which rendered it should have “cognizance of tbe class of cases to which it belongs and should have acquired jurisdiction of tbe parties and of tbe subject-matter, and tbis question of jurisdiction of tbe subject-matter is determined by tbe controversy between tbe parties as presented and disclosed in their pleadings.” Tbis position, so' stated by Chief Justice Beasely in Munday v. Vail, 34 N. J. L., 418, affirmed in Dodd v. Una, 40 N. J. Eq., 672, was approved and applied here in…
2Cases cited12 opinions
- Fletcher v. HolmesIndiana Supreme Court · 1865
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Hobgood v. HobgoodSupreme Court of North Carolina · 1915
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3Cited by19 opinions
- McRary v. . McRarySupreme Court of North Carolina · 1948
- Keen v. ParkerSupreme Court of North Carolina · 1940
- McRary v. McRarySupreme Court of North Carolina · 1948
- Keen v. . ParkerSupreme Court of North Carolina · 1940
- Price v. . EdwardsSupreme Court of North Carolina · 1919
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