Cozard v. Hardwood Co.
Supreme Court of North Carolina
ActioN by IT. O. Cozard against Kanawha Hardwood Co., beard by Judge Q. 8. Ferguson at Chambers, in Waynesville,-N. C., on August 25, 1905, upon a motion by the defendants to dissolve the temporary restraining order theretofore granted. From an order continuing to the hearing the said restraining order, the defendants appealed.
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ActioN by IT. O. Cozard against Kanawha Hardwood Co., beard by Judge Q. 8. Ferguson at Chambers, in Waynesville,-N. C., on August 25, 1905, upon a motion by the defendants to dissolve the temporary restraining order theretofore granted. From an order continuing to the hearing the said restraining order, the defendants appealed. Plaintiff alleged that he was the owner of a tract of land in Cherokee County, upon which he had erected a dwelling and planted a large number of fruit trees and made many other valuable improvements requiring outlay of many thousand dollars. That the defendants are…
1Opinion of the Court
Connor, J.,
after stating the case: The defendants insist that pending the proceeding instituted before the Highway '•Commission, the court should not interfere by injunction ■'with the construction of their proposed railway. This contention would, be unanswerable but for the fact that plaintiff ■■'insists that in 'no point of view can the result of' that proceeding affect his right to enjoin defendants, for that, 1. No •power is conferred upon the Highway Commission'to order a railway of tbe character or for the purpose contemplated by the defendants, to be laid out. 2. That if the statute…
2Cases cited7 opinions
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- Johnston v. . RankinSupreme Court of North Carolina · 1874
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- Board of Health v. Van HoesenMichigan Supreme Court · 1891
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- Yarborough v. North Carolina Park CommissionSupreme Court of North Carolina · 1928
- Turner v. . ReidsvilleSupreme Court of North Carolina · 1944
- State Highway Commission v. ThorntonSupreme Court of North Carolina · 1967
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- North Carolina Public Service Co. v. Southern Power Co.Court of Appeals for the Fourth Circuit · 1922
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