Moore v. Silver Valley Mining Co.
Supreme Court of North Carolina
Injunction — Corporation — Charter— Stockholder — Domicil— Laches. This was a Motion for Injunction in an action begun in Davidson Superior Court, and heard at Chambers by Merri-mon, J, on the Fall Circuit, 1889. The complaint used as an affidavit in support of the motion for the injunction in question is very voluminous, alleging facts much in detail.
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Injunction — Corporation — Charter— Stockholder — Domicil— Laches. This was a Motion for Injunction in an action begun in Davidson Superior Court, and heard at Chambers by Merri-mon, J, on the Fall Circuit, 1889. The complaint used as an affidavit in support of the motion for the injunction in question is very voluminous, alleging facts much in detail. It is sufficient for the present purpose, to state that it is alleged that the Silver Valley Milling Company of Baltimore, made a defendant in this action, was incorporated and organized under the laws of the State of Maryland in the year 1860,…
1Opinion of the CourtMerrimon, J.
— after stating the case: The plaintiff must allege in his complaint facts sufficient to constitute a cause of action in his favor legal or equitable, or both legal and equitable, in its nature. Otherwise, the defendant may move to dismiss the action, or the Court will ex mero motu dismiss it, because, in such case, there is nothing alleged in the pleading that raises the jurisdiction of the Court as to the subject matter of the action and to which it can attach.
And so, also, when the plaintiff asks for relief by injunction in the course of the action as a provisional remedy therein, he must…
2Cases cited8 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- New Haven Horse Nail Co. v. Linden Spring Co.Massachusetts Supreme Judicial Court · 1886
- Taylor v. HolmesSupreme Court of the United States · 1888
- Kansas & Eastern Railroad Construction Co. v. Topeka, Salina & Western RailroadMassachusetts Supreme Judicial Court · 1883
- Merchants & Planters Line v. WaganerSupreme Court of Alabama · 1882
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3Cited by24 opinions
- Home Fire Insurance v. BarberNebraska Supreme Court · 1903
- Orlando Orange Groves Co. v. HaleSupreme Court of Florida · 1935
- Pollitz v. . GouldNew York Court of Appeals · 1911
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- Merrimon v. Paving Company.Supreme Court of North Carolina · 1906
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