Legal Opinion

Lewis v. John L. Roper Lumber Co.

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 26 opinions

Injunction — Irreparable Damage — Receiver. This was an APPLICATION for an injunction, heard at Chambers, in Tarboro, on' 17th August, 1887, before PhilipsT J. The action was pending in Washington County.

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Injunction — Irreparable Damage — Receiver. This was an APPLICATION for an injunction, heard at Chambers, in Tarboro, on' 17th August, 1887, before PhilipsT J. The action was pending in Washington County. The plaintiff alleged that he was the owner in fee of the land in controversy; that it is swamp land and mainly valuable for the timber on it; “ that defendant has wrongfully, wantonly and forcibly entered upon the land of plaintiff, and has cut and carried away timber from the same, and threatens to continue to cut and carry away the timber of the plaintiff, to his irreparable damage,” &c.,…

1Opinion of the Court

Merrimon, J.,

(after stating the case). In Lumber Co. v. Wallace, 93 N. C., 22, it is said : “ The provisions of The Code, §§ 338-379, in express terms invest the Court with very large ánd comprehensive powers to protect the rights and prevent the perpetration or the continuance of wrong in respect to the subject matter of the action, and to take charge of and, protect the property in controversy, both before and after judgment, by injunctions and through receivers, pending the litigation; they facilitate and enlarge -the authority of the Courts in the exercise of their remedial agencies, and…

2Cases cited1 opinion

  1. John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885

3Cited by26 opinions

  1. Pharr v. GaribaldiSupreme Court of North Carolina · 1960
  2. Griffin v. Southern Railway Co.Supreme Court of North Carolina · 1909
  3. Lance v. CogdillSupreme Court of North Carolina · 1953
  4. Hill v. Erwin Mills, Inc.Supreme Court of North Carolina · 1954
  5. Lumber Co. v. Cedar Co.Supreme Court of North Carolina · 1906

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