Sydnor Pump & Well Co. v. Rocky Mount Ice Co.
Supreme Court of North Carolina
Civil ActioN determined before No/re, J., at Spring Term, 1899, of the Superior Court of Edgecombe County. The complaint demanded the payment of $3,970.16 for digging a well 500 feet deep, at Rocky Mount, under contract with defendant, and alleging the insolvency of defendant, asked for a restraining order and appointment of a receiver.
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Civil ActioN determined before No/re, J., at Spring Term, 1899, of the Superior Court of Edgecombe County. The complaint demanded the payment of $3,970.16 for digging a well 500 feet deep, at Rocky Mount, under contract with defendant, and alleging the insolvency of defendant, asked for a restraining order and appointment of a receiver. An answer was filed controverting the demand of the plaintiff, and intimating that a further answer would be filed, demanding affirmative relief. A preliminary hearing was had before his Honor as to the auxiliary remedies asked for in the complaint, and after…
1Opinion of the CourtEaibcloth, C. J.
This action is upon a contract to sink a well on defendant’s land, and the complaint and answer were filed in January and February, 1899. The plaintiff obtained a restraining order which was heard at April Term, 1899, when it was dissolved, and at the same term the plaintiff moved for a receiver, and that motion was refused. On Saturday, of the first week of said term, the plaintiff took a nonsuit, which was entered of record. On the same day, after the nonsuit was entered, the defendant filed another answer, with the Clerk of the Court, in which he set up a -counterclaim against the…
2Cases cited1 opinion
- Rumbough v. . YoungSupreme Court of North Carolina · 1896
3Cited by1 opinion
- Gruber v. . EwbanksSupreme Court of North Carolina · 1930