Weston v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Appeal from Cline, J., at CamdeN Court, 5 September, 1911. This is a proceeding for contempt. Respondents were attached for contempt, convicted and fined $250 each for disobeying an injunction order of the court. The complaint alleges ownership by plaintiffs of two tracts of land, known as Lots Nos. 1 and 4 in the division of New Lebanon.
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Appeal from Cline, J., at CamdeN Court, 5 September, 1911. This is a proceeding for contempt. Respondents were attached for contempt, convicted and fined $250 each for disobeying an injunction order of the court. The complaint alleges ownership by plaintiffs of two tracts of land, known as Lots Nos. 1 and 4 in the division of New Lebanon. It is conceded that the defendant owns lots designated as Nos. 2 and 3 in the division, and upon the complaint, used as an affidavit, Judge Whedbee restrained defendant, its servants, agents, and employees, from going upon the land described in* the…
1Opinion of the CourtWalker, J.
It is apparent from tbe findings of Judge Cline that the respondents undertook, by themselves and without the acquiescence of the plaintiff or the sanction of the court, to survey and locate the lines of Tract No. 1, and upon their own location of the boundaries to cut timber within what his Honor designates in his findings as “disputed territory.” There was a contest between the- parties as to the location of the land, and the injunction was issued in order to preserve the status quo until the dispute could be settled. It cannot well be questioned that respondents knew that they were cutting…
2Cases cited2 opinions
- Baker v. . CordonSupreme Court of North Carolina · 1882
- Davis v. Champion Fiber Co.Supreme Court of North Carolina · 1908
3Cited by19 opinions
- Terminal Railroad Ass'n v. United StatesSupreme Court of the United States · 1924
- John B. Stetson Co. v. Stephen L. Stetson Co.Court of Appeals for the Second Circuit · 1942
- State Ex Rel. Continental Coal Co. v. BittnerWest Virginia Supreme Court · 1926
- Harriet Cotton Mills v. Local Union No. 578, Textile Workers Union of AmericaSupreme Court of North Carolina · 1959
- Rose's Stores, Inc. v. Tarrytown Center, Inc.Supreme Court of North Carolina · 1967
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