Horne v. Commissioners of Cumberland County
Supreme Court of North Carolina
Proceeding for a mandamus and injunction in Cumberland Superior Court, brought on the 13th day of August, 1897, by summons returnable at Chambers at Carthage, N. 0., before Mclver, J. The facts appear in the opinion. On the hearing the defendants entered a special appearance and moved to dismiss the proceeding in so far as it demanded an injunction for the reason that there was no sufficient summons.
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Proceeding for a mandamus and injunction in Cumberland Superior Court, brought on the 13th day of August, 1897, by summons returnable at Chambers at Carthage, N. 0., before Mclver, J. The facts appear in the opinion. On the hearing the defendants entered a special appearance and moved to dismiss the proceeding in so far as it demanded an injunction for the reason that there was no sufficient summons. They also demurred ore tenus to the petition for that it contained no averment of a demand for and refusal of the relief sought. His Honor refused to dismiss and overruled the demurrer and…
1Opinion of the Court
Furches, J.:
To us, this is a most remarkable proceeding in more than one respect. The defendants are the commissioners of Cumberland County and the plaintiff is a citizen and tax payer of the town of Fayette-ville in said County. The plaintiff complains and alleges that the defendants have created a nuisance, dangerous to the health of the town, by emptying sewerage from the court house and public jail into McNeill’s mill pond near the centre of the town, and alleges that it should be emptied into the creek some distance below said mill pond. And for the purpose of having the alleged nuisance…
2Cases cited4 opinions
- Alexander v. Commissioners of McDowellSupreme Court of North Carolina · 1872
- Patrick, Adm'r. v. . Joyner, Adm'rSupreme Court of North Carolina · 1869
- Trexler v. . NewsomSupreme Court of North Carolina · 1883
- Grant v. . EdwardsSupreme Court of North Carolina · 1884