Simpson v. . Justice
Supreme Court of North Carolina
Cause removed from the Court of Equity of Craven County, at the Fall Term, 1851. submitted the following argument: 1. The Court of Chancery has a concurrent jurisdiction by injunction, equally clear and well established in cases of private nuisance ; Finch v Resbridger, 2 Vernon 390, Bush v Western, Free in Ch. 530. These cases show the ancient and established jurisdiction of this Court; and the foundation of that jurisdiction is the necessity of a preventive remedy when…
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Cause removed from the Court of Equity of Craven County, at the Fall Term, 1851. submitted the following argument: 1. The Court of Chancery has a concurrent jurisdiction by injunction, equally clear and well established in cases of private nuisance ; Finch v Resbridger, 2 Vernon 390, Bush v Western, Free in Ch. 530. These cases show the ancient and established jurisdiction of this Court; and the foundation of that jurisdiction is the necessity of a preventive remedy when great and immediate mischief, or material injury would arise to the comfort and useful enjoyment of property. The…
1Opinion of the CourtPearson, J.
The plaintiff and the defendants own lots Nos. 5 and 4, in the town of Newbern, which are separated by Pollock street. The plaintiff has on his lot, No! 5, a comfortable brick dwelling house and out-houses, in which he has resided a great many years. The defendants, in 1847, erected on the lot No. 8, a turpentine distillery, sitúa» ted about one hundred yards from the plaintiff’s house, and about eighty yards from his nearest out house, in a direction north of east; and have there carried on the business of distilling turpentine, ever since. The bill was filed in July, 1847. It alleges, that…
2Cited by12 opinions
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- Barrier v. TroutmanSupreme Court of North Carolina · 1949
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
- Pedrick v. RailroadSupreme Court of North Carolina · 1906
- Little v. Town of LenoirSupreme Court of North Carolina · 1909
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