Moore v. Cooper Monument Co.

Decided April 1, 1914

Supreme Court of North Carolina · decided 1914-04-01

Appeal by plaintiffs from order of Rountree, J., given, at chambers, 24 November, 1913. This is an action commenced in the Superior Court of Pen-des County to prevent the erection of a Confederate monument at the intersection of Fremont and Wright streets in.Burgaw, upon the ground that it would be an obstruction in the streets. The plaintiffs obtained a temporary order restraining the erection of the monument, which was returnable and was heard in Columbus County.

Good law ✅— No negative treatment on recordhow we know

Decided 1914-04-01

How this case has been cited

Cited by 6 later decisions — most recently June 1963

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pee CubiaM.

¶1 As the monument has been erected, the Court will not entertain an appeal to determine the correctness of the ruling dissolving the restraining order. Harrison v. New Bern, 148 N. C., 315; Pickler v. Board of Education, 149 N. C., 221; Wallace v. Wilkesboro, 151 N. C., 614.

¶2 We think, however, there is error in dismissing the action and entering final judgment at the hearing in Columbus County.

¶3 The merits of the action were not before the court, and the sufficiency of the complaint could only be considered in determining the right to the restraining order.

¶4 The final judgment, except when hearings are elsewhere by consent, should be rendered in the county where the action is pending and in term. Hamilton v. Icard, 112 N. C., 589.

¶5 Modified and affirmed. The plaintiffs will pay the costs.