John L. Roper Lumber Co. v. Wallace
Supreme Court of North Carolina
Code Practice — Joinder of Causes of Action — Counter-claim— Injunction — Receiver. This was a civil aotiok pending in Camden county, heard upon an application for an injunction, before Shepherd, Judge, at Chambers on 30th May, 1885. From the order of the Judge enjoining the plaintiffs, they appealed.
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Code Practice — Joinder of Causes of Action — Counter-claim— Injunction — Receiver. This was a civil aotiok pending in Camden county, heard upon an application for an injunction, before Shepherd, Judge, at Chambers on 30th May, 1885. From the order of the Judge enjoining the plaintiffs, they appealed. The plaintiffs allege in substance that they are the owners of the land described in the complaint — that it is valuable mainly for the timber on it--that at great expense and trouble they have prepared themselves to cut and manufacture the timber into him-'ber for market — that the defendants…
1Opinion of the Court
Merrimon, J.,
(after stating the case as above). Under the Code system of procedure as it prevails in this State, equitable relief may be granted in every civil action wherein it appears by proper averments and proofs that the parties, or any of them, are entitled to it. The Constitution (Art. IV, §1) provides that, “the distinction between actions at law and suits in equity, and the forms of all such actions and suits, shall be abolished; and there shall be in this State but one form of action, for the enforcement or protection of private rights or the redress of private wrongs, which shall…
2Cases cited1 opinion
- Horton v. . WhiteSupreme Court of North Carolina · 1881
3Cited by40 opinions
- Bond v. . WoolSupreme Court of North Carolina · 1890
- Burton v. DixonSupreme Court of North Carolina · 1963
- Garrett v. RoseSupreme Court of North Carolina · 1952
- Lewis v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1888
- Hood v. . SudderthSupreme Court of North Carolina · 1892
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