Crump v. . Mims
Supreme Court of North Carolina
Injunction, before Towrgee, J., on a motion to dissolve, at Spring Term 1870 of Chatham Court. The defendants, as Township Trustees, had employed one Thomas to open, from the abutments of a bridge, a way to an old ford across Cape Fear Biver at Haywood; and upon his doing this, the plaintiff, who owned the land at that place, brought this action for damages, for pulling down' a fence, &c., and for an injunction, He obtained an order of restraint in vacation.
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Injunction, before Towrgee, J., on a motion to dissolve, at Spring Term 1870 of Chatham Court. The defendants, as Township Trustees, had employed one Thomas to open, from the abutments of a bridge, a way to an old ford across Cape Fear Biver at Haywood; and upon his doing this, the plaintiff, who owned the land at that place, brought this action for damages, for pulling down' a fence, &c., and for an injunction, He obtained an order of restraint in vacation. At term the defendants answered, alleging that the way opened by them was a public road; and thereupon they moved to vacate the order.…
1Opinion of the CourtBodmaN, J.
(After stating the case as above.) The above statement of facts fully supports, we think, the general conclusions arrived at by his Honor. We are not called on to make a final decision on the facts. This will be the duty of a jury hereafter, when the parties go to trial upon the issue joined. Our duty is only to say whether .the plaintiff has made a case entitling him to a continuance of the injunction.
It seems to us that he has not.
Independent of the long use, there is some evidence tending to show that before 1799 the theu owner of the locus in quo had dedicated a road over it to the…
2Cited by15 opinions
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- Suntrust Mortgage, Inc. v. BusbyDistrict Court, W.D. North Carolina · 2009
- Draper v. Conner & Walters Co.Supreme Court of North Carolina · 1924
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