Moore v. Cooper Monument Co.
Supreme Court of North Carolina
Appeal by plaintiffs from order of Rountree, J., given, at chambers, 24 November, 1913. This is an action commenced in the Superior Court of Pen-des County to prevent the erection of a Confederate monument at the intersection of Fremont and "Wright streets in.Burgaw, upon the ground that it would be an obstruction in the streets. The plaintiffs obtained a temporary order restraining the erection of the monument, which was returnable and was heard in Columbus County.
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Appeal by plaintiffs from order of Rountree, J., given, at chambers, 24 November, 1913. This is an action commenced in the Superior Court of Pen-des County to prevent the erection of a Confederate monument at the intersection of Fremont and "Wright streets in.Burgaw, upon the ground that it would be an obstruction in the streets. The plaintiffs obtained a temporary order restraining the erection of the monument, which was returnable and was heard in Columbus County. At the hearing the temporary order was dissolved, and the action dismissed, and the plaintiff excepted and appealed. It is…
1Opinion of the Court
Pee CubiaM.
As the monument has been erected, the Court will not entertain an appeal to determine the correctness of the ruling dissolving the restraining order. Harrison v. New Bern, 148 N. C., 315; Pickler v. Board of Education, 149 N. C., 221; Wallace v. Wilkesboro, 151 N. C., 614.
We think, however, there is error in dismissing the action and entering final judgment at the hearing in Columbus County.
The merits of the action were not before the court, and the sufficiency of the complaint could only be considered in determining the right to the restraining order.
The final judgment, except…
2Cases cited4 opinions
- Pickler v. County Board of EducationSupreme Court of North Carolina · 1908
- Hamilton v. . IcardSupreme Court of North Carolina · 1893
- Harrison v. . BryanSupreme Court of North Carolina · 1908
- Wallace v. Town of North WilkesboroSupreme Court of North Carolina · 1910
3Cited by18 opinions
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- Grantham v. . NunnSupreme Court of North Carolina · 1924
- UNION CARBIDE CORPORATION v. DavisSupreme Court of North Carolina · 1960
- Edwards v. Nash County Board of CommissionersSupreme Court of North Carolina · 1922
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