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Harrison v. Bryan

MARY H. HARRISON v. J. A. BRYAN and the CITY OF NEW BERN Et Al.

Harrison v. Bryan, 62 S.E. 305 (N.C. 1908)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
September 16, 1908
Judges
Pee, Cueiam
Citations
62 S.E. 305148 N.C. 3151908 N.C. LEXIS 193
Headnotes
Injunction — Cause of Action Removed — Appeal Dismissed Without Prejudice. When it lias been made to appear tbat the action is for in-junctive relief only, and the cause lias been removed, appeal will be dismissed without prejudice to the rights of plaintiff to sue for damages, if so desired.
Summary
ActioN to enjoin the cutting and removing of a tree, heard before Guión, J., at Fall Term, 1908, of OeaveN. Plaintiff appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Pee CueiaM

Pee. CueiaM :

It appearing to the Court, upon affidavit of defendant, which is not contradicted, that since the dissolution of the restraining order in this case by his Honor.

Judge Guión, and pending this appeal, the tree described in the pleading has been cut down by the city authorities of New Bern, and that there is nothing now to enjoin, and this being an action for injunctive relief only, it is ordered that the action be. dismissed without prejudice to any rights the plaintiff may have to commence another action for damages, -is so desired.

Action Dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1914: 11915: 11916: 11919: 11921: 21922: 21924: 11930: 11931: 11950: 119142026peak 1921 · 2

Relies on it most ⓘ

  1. Rousseau v. Bullis158 S.E. 553 (N.C. 1931)
  2. Tobacco Growers Co-Operative Ass'n v. Pollock121 S.E. 763 (N.C. 1924)
  3. Hulett v. Board of Trustees.229 S.W.2d 839 (Tex. App. 1950)
  4. State v. Scott182 N.C. 865 (1921)
  5. State v. Scott109 S.E. 789 (N.C. 1921)
  6. Moore v. Cooper Monument Co.81 S.E. 170 (N.C. 1914)

Most recent

  1. Hulett v. Board of Trustees.229 S.W.2d 839 (Tex. App. 1950)
  2. Rousseau v. Bullis158 S.E. 553 (N.C. 1931)
  3. Board of Education v. Commissioners of Johnston152 S.E. 156 (N.C. 1930)
  4. Tobacco Growers Co-Operative Ass'n v. Pollock121 S.E. 763 (N.C. 1924)
  5. Griffith v. Board of Education112 S.E. 10 (N.C. 1922)
  6. Edwards v. Nash County Board of Commissioners110 S.E. 600 (N.C. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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