Wilson v. . Alleghany Co.
Supreme Court of North Carolina
ApplicatioN foe Injunction, made in a Special Proceeding to establish boundary lines under Act of 1893, chapter 22, pending before the Clerk of the Superior Court of Hyde County. A temporary order of restraint had been obtained from his Honor, Judge Norwood, restraining the defendants from commission of trespasses, with order to show cause before his Honor, Judge Brown, why the injunction should not be permanent.
Read the full summary
ApplicatioN foe Injunction, made in a Special Proceeding to establish boundary lines under Act of 1893, chapter 22, pending before the Clerk of the Superior Court of Hyde County. A temporary order of restraint had been obtained from his Honor, Judge Norwood, restraining the defendants from commission of trespasses, with order to show cause before his Honor, Judge Brown, why the injunction should not be permanent. Upon the hearing, Judge Brown denied the injunction and and dismissed the motion, on the ground that the remedy by injunction was inapplicable in a proceeding for establishing…
1Opinion of the CourtFurches, J.
In July, 1898, the plaintiff commenced a Special Proceeding against the defendant Alleghany Com pany and others, to have her lands processioned and lines established, under chapter 22, Acts 1893.
In August, 1898, and while the above-mentioned proceeding was still pending, the plaintiff applied to Brown, Jfor an injunction, based upon affidavit made in said proceeding, in which she alleged that the defendant company was committing trespasses upon her lands by cutting and carrying timber therefrom. This prayer for injunction was denied and the plaintiff appealed.
We must sustain the action of the…
2Cases cited2 opinions
- Hunt v. . SneedSupreme Court of North Carolina · 1870
- W. J. Sprinkle v. . E. Nye HutchinsonSupreme Court of North Carolina · 1872
3Cited by7 opinions
- Jackson v. . JerniganSupreme Court of North Carolina · 1939
- Edmonds v. HallSupreme Court of North Carolina · 1952
- Whitaker v. GarrenSupreme Court of North Carolina · 1914
- Mountain Retreat Ass'n v. Mount Mitchell Development Co.Supreme Court of North Carolina · 1922
- Vandyke v. . FarrisSupreme Court of North Carolina · 1900
2 more not listed; retrieve them via the Exa API.