Dorsey v. . Kirkland
Supreme Court of North Carolina
Appeal by defendant from McElroy, J., 8 April, 1919, from SwaiN. This is an action to perpetually enjoin the defendant from interfering with the operation of plaintiff’s flume, which extended for about fifty feet across defendant’s land.
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Appeal by defendant from McElroy, J., 8 April, 1919, from SwaiN. This is an action to perpetually enjoin the defendant from interfering with the operation of plaintiff’s flume, which extended for about fifty feet across defendant’s land. Plaintiff secured a temporary injunction from Judge McElroy, and-upon the hearing upon the notice to show cause why the injunction should not be continued to the hearing, the said temporary order was continued to the hearing and the facts found by his. Honor. Defendant thereupon excepted and appealed to the Supreme Court. In the year 1915 the plaintiff, A. T.…
1Opinion of the CourtAlleN, J.
The first three objections of the defendant may be disposed of with but little discussion. There is no limitation in the statutes as to the time of issuing a summons, and there is no analogy between the performance of this duty and the talcing of a deposition,, as the defendant contends, which cannot be taken except by consent, during a term for the trial of the action, because the party cannot be' before the court and the commissioner at the same time. The summons-may issue at any time, but the return day is dependent on the time of service. Rev., sec. 434 et seq.
The deed appears on its face…
2Cases cited5 opinions
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- West v. RailroadSupreme Court of North Carolina · 1906
- Long v. . BarnesSupreme Court of North Carolina · 1882
- Bynum v. Wicker.Supreme Court of North Carolina · 1906
- Freeman v. BelferSupreme Court of North Carolina · 1917
3Cited by20 opinions
- Bryant v. . BryantSupreme Court of North Carolina · 1927
- Budwit v. HerrMichigan Supreme Court · 1954
- Moore v. Greenville Banking & Trust Co.Supreme Court of North Carolina · 1919
- Wright v. . WrightSupreme Court of North Carolina · 1940
- Lewis v. . PateSupreme Court of North Carolina · 1937
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