Legal Opinion

McCormick v. . Nixon

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 5 opinions

MotioN by defendants to dissolve an injunction, heard at Chambers on the first day of April, 1880, before Eure, J. The action in which this motion was made is pending in the superior court of Cumberland county. The motion was. granted and the plaintiffs appealed.

1Opinion of the CourtDillard, J.

The plaintiffs claim to be owners of the two tracts of land described in the complaint, and they seek in their action to recover damages for a trespass thereon against C. D. Nixon and his co-defendants, alleged to consist in the entering upon and the building of a cabin on said-land and in the cutting down and splitting into boards and rails of one hundred timber trees.

Upon the institution of the suit, an injunction pending the action was applied for and an order to show cause was-granted at a time named, with a temporary restraint in the-meantime, upon the allegation that the lands…

2Cited by5 opinions

  1. Carney v. HadleySupreme Court of Florida · 1893
  2. Stewart v. Munger & Bennett, Inc.Supreme Court of North Carolina · 1917
  3. Dunkart v. . RinehartSupreme Court of North Carolina · 1882
  4. Western North Carolina Railroad v. Georgia & North Carolina RailroadSupreme Court of North Carolina · 1883
  5. Lancaster v. Asheville St. Ry. Co.U.S. Circuit Court for the District of Western North Carolina · 1898

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