Sharpe v. . Loane Co.
Supreme Court of North Carolina
ApplicatxoN fob Injunction, in suit pending in Hert-ford Superior Court, to enjoin tbe commission of trespass bytbe defendants, beard before Brown, J., at Chambers. Tbe trespass complained of was tbe cutting of timber trees and hauling them off to be sawed at defendants’ mill. Tbe parties appeared in obedience to tbe order to show cause, and both sides were beard upon affidavits. His Honor refused tbe injunction, but required tbe defendants to file a bond of indemnity.
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ApplicatxoN fob Injunction, in suit pending in Hert-ford Superior Court, to enjoin tbe commission of trespass bytbe defendants, beard before Brown, J., at Chambers. Tbe trespass complained of was tbe cutting of timber trees and hauling them off to be sawed at defendants’ mill. Tbe parties appeared in obedience to tbe order to show cause, and both sides were beard upon affidavits. His Honor refused tbe injunction, but required tbe defendants to file a bond of indemnity. Tbe plaintiffs excepted and appealed.
1Opinion of the CourtFaircloth, C. J.
The plaintiffs and defendants claim to be the owners of certain lands in Hertford County, called “Cow Island,” and in this action the plaintiffs ask for an injunction against the defendants to prevent trespassing on said lands. The alleged trespass consists in cutting timber trees and removing them to defendants’ mill, and converting them into lumber for marketable purposes.
It is conceded that defendants are solvent and able to respond in damages for any injury the plaintiffs may sustain.
After reading affidavits and hearing the arguments, his Honor required the defendants to enter into…
2Cases cited3 opinions
- John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
- Lewis v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1888
- Ousby v. . NealSupreme Court of North Carolina · 1888
3Cited by2 opinions
- Stewart v. Munger & Bennett, Inc.Supreme Court of North Carolina · 1917
- Kistler v. Weaver.Supreme Court of North Carolina · 1904