Nansemond Timber Co. v. Rountree
Supreme Court of North Carolina
Civil- action for damages and injunction tried before Brown, J., and a jury at Fall Term, 1897, of Chowan Superior Court, on the motion of defendants for assessment of damages resulting from the issuance of the restraining order. The plaintiff had theretofore submitted to a non-suit.
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Civil- action for damages and injunction tried before Brown, J., and a jury at Fall Term, 1897, of Chowan Superior Court, on the motion of defendants for assessment of damages resulting from the issuance of the restraining order. The plaintiff had theretofore submitted to a non-suit. The plaintiff offered in evidence a deed for the purpose of proving that, prior to the bringing of this action, the plaintiff was the owner of the seventeen acres of the land in dispute which had been conveyed to it by defendants. Defendants objected upon the ground that “the plaintiff having submitted to a…
1Opinion of the Court
Montgomery, J.:
The plaintiff took a non-suit and at the proper time an issue was submitted to the jury £‘what damages have the defendants sustained by reason of the wrongful issuing of the injunction in this cause?” In the argument here it was insisted by the plaintiff’s counsel that the damages to which the defendants were entitled, if entitled to any, could not be assessed upon a motion in the cause, for the reason that the plaintiff had taken a voluntary non-suit and that therefore there had been no final determination of the matter in issue. The proceeding, however, was regular. Railroad…
2Cases cited5 opinions
- Alexander v. ColcordIllinois Supreme Court · 1877
- Burnett v. . NicholsonSupreme Court of North Carolina · 1878
- Crawford v. . PearsonSupreme Court of North Carolina · 1895
- Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.Supreme Court of North Carolina · 1895
- Muller v. FernSupreme Court of Iowa · 1872
3Cited by12 opinions
- Coburn v. Roanoke Land and Timber CorporationSupreme Court of North Carolina · 1963
- Shute v. . ShuteSupreme Court of North Carolina · 1920
- M. Blatt Company v. SouthwellSupreme Court of North Carolina · 1963
- Pelkey v. National Surety Co.Supreme Court of Minnesota · 1919
- Mahoney v. Tyler.Supreme Court of North Carolina · 1904
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