Newton v. Chason

7 Citing cases

  1. In re Drainage District

    45 S.E.2d 130 (N.C. 1947)   Cited 2 times

    DEVIN, J. The Lyon Swamp Drainage and Levee District came into being as a quasi-public corporation, by virtue of final decree in accordance with the provisions of the statutes then in force, 10 August, 1910. Sanderlin v. Luken, 152 N.C. 738, 68 S.E. 225. The District contains within its territorial boundaries a large body of land in Pender and Bladen Counties. Since its creation legal questions pertaining to this District have found their way to this Court, and decisions thereon will be found reported in In re Lyon Swamp Drainage District, 175 N.C. 270, 95 S.E. 485; Drainage Commissioners v. Bordeaux, 193 N.C. 627, 137 S.E. 716; and Newton v. Chason, 225 N.C. 204, 34 S.E.2d 70. The statutes authorizing the creation, maintenance and improvement of drainage districts provide flexible procedure which may be modified and molded by decrees from time to time to promote the beneficial objects sought by the creation of the district (Staton v. Staton, 148 N.C. 490, 62 S.E. 596; Adams v. Joyner, 147 N.C. 77, 60 S.E. 725), "subject, however, to the restriction that there should be no material change or any change that would throw additional costs upon the other landowners except to the extent of benefit to them."

  2. In re Drainage District

    118 S.E.2d 431 (N.C. 1961)   Cited 1 times

    And the correct procedure to secure additional authority for improvements and proper maintenance is by motion or petition in the original cause. Newton v. Chason, 225 N.C. 204, 34 S.E.2d 70."

  3. Cotton Mills Co. v. Duplan Corp.

    96 S.E.2d 267 (N.C. 1957)   Cited 5 times

    If the suit is brought in the proper jurisdiction and in the correct venue, the plaintiff will have ample time and opportunity to appear, answer, and defend. Courts will not grant the equitable relief of injunction when there is an adequate remedy at law. Arey v. Lemons, 232 N.C. 531, 61 S.E.2d 596; Clinton v. Ross, 226 N.C. 682, 40 S.E.2d 593; Newton v. Chason, 225 N.C. 204, 34 S.E.2d 70. The defendant's motion to dissolve the restraining order and dismiss the action should have been allowed.

  4. Armstrong v. Armstrong

    230 N.C. 201 (N.C. 1949)   Cited 9 times

    Jackson v. Jernigan, 216 N.C. 401, 5 S.E.2d 143; Young v. Pittman, 224 N.C. 175, 29 S.E.2d 551. But it will not lie when there is a full, complete, and adequate remedy at law. Whitford v. Bank, 207 N.C. 229, 176 S.E. 740; Newton v. Chason, 34 S.E.2d 70. Nor may a restraining order be used as an instrument to settle a dispute as to the possession of realty or to dispossess one for the benefit of another.

  5. Lumber Co. v. Drainage Commissioners

    94 S.E. 457 (N.C. 1917)   Cited 5 times
    In Lumber Co. v. Drainage Comrs., 174 N.C. 647, it was held that the assessment of damages to be paid to the owner of land, taken under the power of Eminent Domain, is conclusive upon such owner, although in proper instances the owner may recover by independent action substantial damages sustained by the negligent exercise of the power.

    Affirmed. Cited: Spencer v. Wills, 179 N.C. 178; Ingram v. Hickory, 191 N.C. 53; O'Neal v. Mann, 193 N.C. 157; Drainage Comrs. v. Jarvis, 211 N.C. 692; Newton v. Chason, 225 N.C. 207.

  6. Banks v. Lane

    86 S.E. 713 (N.C. 1915)   Cited 13 times
    In Banks v. Lane, 170 N.C. 14, it was held that the landowner, at the time of the establishment of the drainage district, was the only necessary party to the proceedings, and that lien holders and mortgage holders need not be made parties, and that the establishment of the drainage district created the presumption that the land would be benefited by the drainage district more than the (559) burdens assessed against it for such purposes.

    Cited: Banks v. Lane, 171 N.C. 505 (Petition to rehear denied); Leary v. Comrs., 172 N.C. 274 (4f); Lumber Co. v. Comrs., 173 N.C. 119 (1l, 2l, 4l); Lumber Co. v. Comrs., 173 N.C. 121 (j); Comrs. v. Spencer, 174 N.C. 38 (p); Taylor v. Comrs., 176 N.C. 219, 225 (Same case on motion in the original cause. p); Pate v. Banks, 178 N.C. 140, 141 (2f); Farms Co. v. Comrs., 178 N.C. 667, 668 (1f, 2f); Caviness v. Hunt, 180 N.C. 386 (4f); O'Neal v. Mann, 193 N.C. 158 (4f); Drainage District v. Cahoon, 193 N.C. 330 (p); Spence v. Granger, 207 N.C. 21 (1l, 2l); Newton v. Chason, 225 N.C. 207 (4f). (18)

  7. Griffin v. Commissioners

    86 S.E. 575 (N.C. 1915)   Cited 5 times

    Affirmed. Cited: Lumber Co. v. Drainage Comrs., 174 N.C. 649; In re Drainage Districts, 175 N.C. 273; Farms Co. v. Comrs., 178 N.C. 668; Spencer v. Wills, 179 N.C. 178; Mitchem v. Drainage Com., 182 N.C. 517, 518; O'Neal v. Mann, 193 N.C. 157, 158; Newton v. Chason, 225 N.C. 207.