Forter v. Armstrong.
Supreme Court of North Carolina
Action for an injunction by E. Porter and wife against T. J. Armstrong and others, beard by Judge II. B. Bryan, at September Term, 1902, of the Superior Court of Pendee County. From a judgment for the defendant the plaintiffs appealed.
1Opinion of the CourtClark, C. J.
The court below dismissed the action because the complaint did not state a cause of action. The averments are that the defendant threatens to block up a natural depression into which the water from the plaintiff’s land naturally drains, and that this will pond the water back upon the plaintiff’s land to bis irreparable damage, wherefore be asks for an injunction.
An injunction will not lie when there is an adequate remedy at law, and the plaintiff has at least two, i. e. an action for damages after the apprehended act has been committed, or to clean out and deepen, or excavate if necessary,…
2Cases cited3 opinions
- Frink v. . StewartSupreme Court of North Carolina · 1886
- Morganton Land & Improvement Co. v. WebbSupreme Court of North Carolina · 1895
- Wilson v. . FeatherstoneSupreme Court of North Carolina · 1897
3Cited by14 opinions
- Pharr v. GaribaldiSupreme Court of North Carolina · 1960
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
- Plott v. . Comrs.Supreme Court of North Carolina · 1924
- Starbuck v. Town of HavelockSupreme Court of North Carolina · 1960
- Yount v. . SetzerSupreme Court of North Carolina · 1911
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