Legal Opinion

North Carolina State Highway & Public Works Commission v. Brown

Supreme Court of North Carolina

Decided September 30, 1953PublishedCited by 1 opinion

1Opinion of the CourtJohNsoN, J.

Tbe record discloses, and it was conceded on tbe argument, that tbe drainage pipe installation complained of is now fait accompli, or a fact accomplished. This being so, there was nothing to support the preliminary order restraining the defendants from “further erection and installation” of the pipes. Hence the plaintiff suffered no harm from the dissolution of the order. Groves v. McDonald, 223 N.C. 150, 25 S.E. 2d 387; Rousseau v. Bullis, 201 N.C. 12, 158 S.E. 553. See also 43 C.J.S., Injunctions, Sec. 246.

As to the court’s refusal to allow the plaintiff’s motion for a preliminary order of…

2Cases cited4 opinions

  1. Clinard v. LambethSupreme Court of North Carolina · 1951
  2. Seaboard Air Line Railroad v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1953
  3. Rousseau v. . BullisSupreme Court of North Carolina · 1931
  4. Groves v. . McDonaldSupreme Court of North Carolina · 1943

3Cited by1 opinion

  1. STATE HIGHWAY & PUBLIC WORKS COMMISSION v. BrownSupreme Court of North Carolina · 1953

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