Ellison v. Commissioners of Washington
Supreme Court of North Carolina
This was a motion to dissolve an injunction, heard before Siibpjiebd, J., at Spring Term, 1859, of Beaufort Superior Court. The facts disclosed in the pleadings, are these: The defendants, the commissioners of the town of Washington, in obedience to an act of Assembly, and the wishes of the citizens of the town, ascertained by ballot, contracted with one Crist for a plat of ground, one mile from town, with the design of laying it off for a public cemetery.
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This was a motion to dissolve an injunction, heard before Siibpjiebd, J., at Spring Term, 1859, of Beaufort Superior Court. The facts disclosed in the pleadings, are these: The defendants, the commissioners of the town of Washington, in obedience to an act of Assembly, and the wishes of the citizens of the town, ascertained by ballot, contracted with one Crist for a plat of ground, one mile from town, with the design of laying it off for a public cemetery. The intendant of the town, one Latham, was charged with the duty of procuring a deed from the said Grist for the land above mentioned, but…
1Opinion of the CourtManly, J.
The subject of nuisance^, private as well as public, has undergone much discussion in the courts during the past few years. Amongst other principles established, is one, which we think, definitive of the rights of the parties now before the Court.
It is settled in respect to private nuisances, that where the nuisance apprehended, is dubious or contingent, equity will not interfere, but will leave complainant to his remedy at law. See Drewry on Injunctions, 242; Barnes v. Calhoon, 2 Ire. Eq. 199; The Attorney General v. Lea, 3 Ire. Eq. 205, and Simpson v. Justice, 8 Ire. Eq. 115.
A consideration…
2Cited by13 opinions
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- L. D. Pearson & Son v. BonnieCourt of Appeals of Kentucky (pre-1976) · 1925
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
- City of Durham v. Eno Cotton MillsSupreme Court of North Carolina · 1907
- Clinton Cemetery Ass'n v. McAtteeSupreme Court of Oklahoma · 1910
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