Nansemond Timber Co. v. Rountree

Citations

• 29 S.E. 61
• 122 N.C. 45
• 1898 N.C. LEXIS 188

Syllabus

<p>Injunction— Voluntary Nonsuit — Practice — Damages.</p> <p>1. Where a plaintiff takes a voluntary non-suit, the judgment is a final determination of the matter in issue and, if an injunction has been issued, the defendant can have his damages assessed upon motion in the cause.</p> <p>2. Upon the dissolution of an injunction and final judgment against the plaintiff no matters can be heard in the assessment of damages which constituted a defence to the action.</p> <p>3. On the dissolution of an injunction by which the defendants were enjoined from entering upon the land to cut or remove any timber or commit any trespass thereon, they are entitled to recover as damages the value of timber cut by them before the injunction was served and converted by the plaintiff.</p> <p>4. One who has been prevented by injunction from prosecuting his business cannot recover for loss of time or employment without showing that he used diligence in attempting to find other employment and failed; and, on the same principle, defendants who were enjoined from removing timber from their lands cannot recover for the expense of feeding their teams which remained idle where there was no evidence that they used diligence in attempting to find employment for such teams.</p> <p>5. The right of the defendants to recover damages against the plaintiff and his sureties on an undertaking in an injunction, upon the dissolution of the injunction, is, under the provisions of Chapter 251, Acts of 1893, limited to the penalty of such undertaking.</p>