Lutterloh v. City of Fayetteville
Supreme Court of North Carolina
ActioN, from CumbeklaND, beard by Long, J., brought to obtain a perpetual injunction to restrain defendant from collecting taxes out of the residents in the territory in the extension of city limits, or from exercising any jurisdiction over persons or property resident in the extension, under chap. 489, Private Acts of 1907, entitled “An act to enlarge corporate limits of the city of Fayetteville,” ratified 11 March, 1907. A temporary restraining order was issued, and being…
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ActioN, from CumbeklaND, beard by Long, J., brought to obtain a perpetual injunction to restrain defendant from collecting taxes out of the residents in the territory in the extension of city limits, or from exercising any jurisdiction over persons or property resident in the extension, under chap. 489, Private Acts of 1907, entitled “An act to enlarge corporate limits of the city of Fayetteville,” ratified 11 March, 1907. A temporary restraining order was issued, and being heard upon the pleadings, affidavits and exhibits, the Court found the material facts, dissolved the injunction, and…
1Opinion of the CourtBbown, J.
1. The plaintiffs contend that the Judge should have passed solely upon the necessity for continuing the injunction to the hearing, instead of going fully into the case and deciding the entire controversy.
As the only relief asked for in the complaint is a perpetual injunction restraining the defendant’s authorities from exercising any jurisdiction within the territory recently included within the municipality, it would have been impossible intelligently to determine whether to continue the restraining order without considering and determining the legal issues presented in the pleadings..…
2Cases cited8 opinions
- Hunter v. City of PittsburghSupreme Court of the United States · 1907
- State v. Washington Social Library Co.Ohio Supreme Court · 1841
- Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1856
- Columbus Mills v. WilliamsSupreme Court of North Carolina · 1850
- Smith v. McCarthySupreme Court of Pennsylvania · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Holmes v. City of FayettevilleSupreme Court of North Carolina · 1929
- Gunter v. Town of SanfordSupreme Court of North Carolina · 1923
- Lithium Corp. of America v. Town of Bessemer CitySupreme Court of North Carolina · 1964
- State Ex Rel. East Lenoir Sanitary District v. City of LenoirSupreme Court of North Carolina · 1958
- In Re Annexation Ordinances Nos. 866-870, Etc.Supreme Court of North Carolina · 1961
29 more not listed; retrieve them via the Exa API.