Lindsay v. . Smith
Supreme Court of North Carolina
Civil ActioN for Preach of Covenant, tried at Fall Term,. 1877, of Guilford Superior Court, before Buxton, J. The case is 'sufficiently stated by Mr. Justice ByNUM in delivering the opinion of this Court. Upon the hearing in the' Court below, His Honor sustained the demurrer of defendants and dismissed the action. Judgment for costs. Appeal by plaintiff.
1Opinion of the CourtBynum, J.
This is an action for a breach of covenant. The defendants demur to the complaint, and the facts are these: On the 17th of February, 1874, an indictment was-pending in the Superior Court of G-uilford County, against the plaintiff Lindsay, for erecting and maintaining a public nuisance, by constructing a dam across a certain creek, and ponding back the water thereof, which thereby became stagnant, fetid and unwholesome, to the common, nuisance-of the citizens. That on said 17th of February, the covenant sued on was entered into, whereby the defendants covenanted under the penalty sued for, to…
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