City of Durham v. Eno Cotton Mills
Supreme Court of North Carolina
Civil actiost, beard upon a motion for an injunction before Justice, J., at March Term, 1907, of the Superior Court of Dubham: County. Erom a judgment for the plaintiff the defendant appealed. This ease was before the Court at a former term and is reported in 141 N. C., at-p. 615. When the case came on to be heard at March Term of the Superior Court it was adjudged that the injunction issued by Judge Ferguson be made perpetual.
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Civil actiost, beard upon a motion for an injunction before Justice, J., at March Term, 1907, of the Superior Court of Dubham: County. Erom a judgment for the plaintiff the defendant appealed. This ease was before the Court at a former term and is reported in 141 N. C., at-p. 615. When the case came on to be heard at March Term of the Superior Court it was adjudged that the injunction issued by Judge Ferguson be made perpetual. There was no trial by jury and no waiver thereof in writing by the parties, nor was there any additional findings of fact made by the presiding Judge. The judgment…
1Opinion of the CourtWalker, J.
It would have been better and more in accordance with correct procedure if the defendant had accepted the offer of a jury trial and raised the question now made at the final hearing, when all of the disputed facts would have been settled and the case disposed of upon its merits. We directed the injunction or restraining order of Judge Ferguson to be continued only to the hearing, and it was error in the Court below to continue it perpetually. In this respect the judgment should have followed exactly the order of this Court. As the answer came in after our decision was rendered, his Honor…
2Cases cited17 opinions
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Mayor of Baltimore v. Warren Manufacturing Co.Court of Appeals of Maryland · 1882
- Cook v. . MooreSupreme Court of North Carolina · 1888
- Dorsey v. . AllenSupreme Court of North Carolina · 1881
- Vickers v. Durham.Supreme Court of North Carolina · 1903
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3Cited by20 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Wilkinsburg Boro. v. School DistrictSupreme Court of Pennsylvania · 1929
- Mountain Home Lumber Co. v. SwartwoutIdaho Supreme Court · 1921
- State v. . BrownSupreme Court of North Carolina · 1932
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