Clark v. . Lawrence
Supreme Court of North Carolina
Cause removed from the Court of Equity of Pitt county. The bill is filed to obtain an injunction to restrain the defendant, who is the trustee of the Baptist congregation in the towp of Greenville, from permitting the church yard to be used as a cemetery.
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Cause removed from the Court of Equity of Pitt county. The bill is filed to obtain an injunction to restrain the defendant, who is the trustee of the Baptist congregation in the towp of Greenville, from permitting the church yard to be used as a cemetery. The lot in question, adjoins the lot upon which the plaintiff’s dwelling house is situated, and was purchased by the Baptist congregation about the year 1827, the plaintiff’s lot being at the time unoccupied and unimproved — there being no house upon it until the year 1845. At the time the plaintiff purchased his lot, which was in the year…
1Opinion of the CourtRattle, J.
The jurisdiction of the court of equity to restrain by an injunction, the erection or continuance of a nuis- anee, either public or private, which is likely to produce irreparable mischief, is well established. It is equally well settled that the destruction of, or injury to the health of the inhabitants of a city or town, or of an individual and his family, is deemed a mischief of an irreparable character. In the case of a city or town, where the apprehended injury is clearly proved, the court will not hesitate to grant the injunction, even against the erection or continuance of a water…
2Cited by10 opinions
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
- Town of Selma v. NoblesSupreme Court of North Carolina · 1922
- Payne v. Town of WaylandSupreme Court of Iowa · 1906
- Blackburn v. BishopCourt of Appeals of Texas · 1927
- Nelson v. Swedish Evangelical Lutheran Cemetery Ass'nSupreme Court of Minnesota · 1910
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