Legal Opinion

Atlantic Coast Lumber Corp. v. E. P. Burton Lumber Co.

Supreme Court of South Carolina

Decided July 5, 1911No. 7937PublishedCited by 6 opinions

Before Wilson, J., Berkeley, May, 1910. Action by Atlantic Coast Lumber Corporation against E. P. Burton Lumber Company.

Read the full summary

Before Wilson, J., Berkeley, May, 1910. Action by Atlantic Coast Lumber Corporation against E. P. Burton Lumber Company. Plaintiff appeals. cite: Temporary injunction could not have been set aside: 75 S. C. 220; 77 S. C. 81. Destruction of timber is regarded irreparable injury: 75 S. C, 220; 77 S. C. 81. Court is not warranted in permitting defendant to buy timber of plaintiff by its bond: 85 S. C. 10; 81 S. C. 561. cite: Case presents a merely speculative question: 35 S. C. 602; 17 Wall. 607. Court should not enjoin removal of timber already cut: 1 High, on Inj. 438-9. Court cannot enjoin…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydricic.

Plaintiff brought this action for damages and injunction, alleging that it is the owner in fee of the land described in the complaint, and that defendant had trespassed thereon, and had threatened to continue trespassing thereon, by cutting and removing the timber therefrom. Upon the verified complaint, Judge WiLon granted an order restraining- defendant from cutting or removing timber from the land in dispute, or from entering thereon. Plaintiff was required to give an injunction bond, as provided by statute, in the sum of…

2Cases cited1 opinion

  1. Pelzer, Rodgers & Co. v. HughesSupreme Court of South Carolina · 1887

3Cited by6 opinions

  1. Ex Parte JonesSupreme Court of South Carolina · 1931
  2. County Council of Charleston v. FelkelSupreme Court of South Carolina · 1964
  3. Hood v. EdensSupreme Court of South Carolina · 1919
  4. Gee v. Delta Speir Plantation LLCDistrict Court, D. South Carolina · 2019
  5. Queen v. SwinkSupreme Court of South Carolina · 1925

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API