Nash v. . Shute
Supreme Court of North Carolina
Appeal by defendant from Bay, J., at tbe May Term, 1921, of UrnoN. Plaintiff, claiming ownership of a lot in city of Monroe, abutting on Hayne Street, institutes this action, alleging that defendant, owner of a lot to south of plaintiff’s, has built a brick opera house and postoffi.ee thereon, which, in the eaves and other incidents above the surface, wrongfully project over plaintiff’s line, causing water from defendant’s building to fall on plaintiff’s said lot, and…
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Appeal by defendant from Bay, J., at tbe May Term, 1921, of UrnoN. Plaintiff, claiming ownership of a lot in city of Monroe, abutting on Hayne Street, institutes this action, alleging that defendant, owner of a lot to south of plaintiff’s, has built a brick opera house and postoffi.ee thereon, which, in the eaves and other incidents above the surface, wrongfully project over plaintiff’s line, causing water from defendant’s building to fall on plaintiff’s said lot, and otherwise interfering with plaintiff’s rightful enjoyment of his property, and the prayer is for a mandatory injunction,…
1Opinion of the CourtHoke, J.
In Coltrane v. Laughlin, 157 N. C., 282, it was held, in effect, that “when a court having jurisdiction of the cause and the parties enters judgment therein purporting to determine the controversy, the judgment will estop the parties and their privies as to all issuable matters directly presented by the pleadings, and though not issuable in the technical sense, it will conclude, among other things, as to all matters within the scope of the pleadings, which are material and relevant and were in fact investigated and determined.”
And this statement of the principle is in accord with numerous…
2Cases cited11 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Gillam v. . EdmonsonSupreme Court of North Carolina · 1910
- Holloway v. City of DurhamSupreme Court of North Carolina · 1918
- Woody v. Fountain.Supreme Court of North Carolina · 1906
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3Cited by6 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Craver v. . SpaughSupreme Court of North Carolina · 1947
- Town of Morganton v. Hutton & Bourbonnais Co.Supreme Court of North Carolina · 1960
- Bumgarner v. CorpeningSupreme Court of North Carolina · 1957
1 more not listed; retrieve them via the Exa API.