State ex rel. Bowman v. Malloy

Actions, as authorized by c. 19 of the General Statutes, for the abatement of nuisances are not in rem but in personam. Sinclair, Solicitor v. Croom, 217 N.C. 526, 8 S.E. 2d 834.

*398A party charged with the maintenance of a public nuisance, as defined by G.S. 19-1, has a right to traverse the factual allegations of the complaint. If he does so, he can not be deprived of his right to a jury trial on the issues raised by the pleadings, N. C. Constitution, Art. I, § 19; Art. IV, § 12 (formerly § 13); Sparks v. Sparks, 232 N.C. 492, 61 S. E. 2d 356; Sinclair, Solicitor v. Croom, supra. The property…