Tise v. Whitaker-Harvey Co.
Supreme Court of North Carolina
IIbahiNG- on preliminary injunction before bis Honor, Ward, J., at September Term, 1906, of tbe Superior Court' of Eoesyth County.
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IIbahiNG- on preliminary injunction before bis Honor, Ward, J., at September Term, 1906, of tbe Superior Court' of Eoesyth County. There was evidence on tbe part of plaintiff tending to show that plaintiff owned a tobacco factory abutting on an alley, in tbe city of Winston, N. 0., running from Liberty Street on tbe north to Seventh Street on the south end; also a number of tenement bouses fronting on Liberty Street; and that this alley was the only present actual or practicable means of access from tbe other public streets of tbe town to tbe said factory and to tbe rear of said tenement…
1Opinion of the Court
Hoke, J.,
after stating the facts: It is the rule with us that' in actions of this character, the main purpose of which *511is to obtain a permanent injunction, if the evidence raises serious question as to the existence of facts wbicb make for plaintiff’s right, and sufficient to establish it, that a preliminary restraining order will be continued to the hearing. Hyatt v. DeHart, 140 N. C., 270; Harrington v. Rawls, 131 N. C., 39; Whitaker v. Hill, 96 N. C., 2; Marshall v. Commissioners, 89 N. C., 103.
And it is well to note here that while the subject-matter of dispute is termed an alley, there…
2Cases cited16 opinions
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- City of San Francisco v. LawtonCalifornia Supreme Court · 1861
- Hyatt v. Dehart.Supreme Court of North Carolina · 1905
- Hymes v. . EsteyNew York Court of Appeals · 1889
- Marshall v. Commissioners of Stanly CountySupreme Court of North Carolina · 1883
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3Cited by11 opinions
- Gaines v. Long Manufacturing Co.Supreme Court of North Carolina · 1951
- Combes v. . AdamsSupreme Court of North Carolina · 1908
- Sandstrom v. Oregon-washington Ry. & Nav. Co.Oregon Supreme Court · 1915
- Barnum v. LockhartOregon Supreme Court · 1915
- Yount v. . SetzerSupreme Court of North Carolina · 1911
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