The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-03-10

the defendant and its agents and each
n every n of them are restrained
from charging n ~exacting more for
the use of their sewerage system than
is called for by h respective contracts
of the plaintiff, and all those for whom
this suit is brought. n that the de-
PENDANT be restrained and ~enjoined
from d~isconnecting the premises of, or
in anywise interfering with the pro-
per use of said sewerage system by the
plaintiffs and all others for whom the
suit is brought.
The application of the plaintiffs and
their complaint came up before Judge
PEBBLES, at Burgaw on Friday. presid-
ing at the superior court of Pender
and Rountree & arr appearing for the
plaintiffs and former Judge E. K.
Bryan for the defendant Sewerage
company. After hearing argument
Judge PEBBLES granted the following
restraining rder:
State of North Carolina.
New Hanover County.
3. Solomon, Walker Taylor, VIM.
Flanagan, B. H. J. Ahrens. r. c.
Cantwell, VIM. Gilchrist, George S.
LeGrand. Timothy Donlan and E. B..
Peasants VS.. Wilmington Sewerage
Company.
1t appearing to the satisfaction of the
court from the verified complaint of
the plaintiffs in the above entitled &C
ton, used as an affidavit. that the
plaintiffs have a contract with defend
ant for the use of the sewerage system
of the defendant company, which the
defendant is threatening unjustly. IL
legally, and in violation of the said
contract rights. to break, and to dis
connect the premises Of the plaintiffs
from the main sewer of the defendant
company, and thereby deprive them
Of the benefits of all sewerage system
in said city; and it further appearing
to the satisfaction of the court that if
the Premises of the plaintiffs, or any
of them, are disconnected from the main
sewer, it will cause irreparable injury
to the person or persons whose
premises are so disconnected:
1t is therefore considered. ordered
and adjudged that upon the plaintiffs
entering into an undertaking with two
sureties to be justified before and ap-
proved by the clerk of the superior
court of New Hanover county, con-
ditioned thai the plaintiffs will ray
to the defendant such damages, not
exceeding the sum of 81 900 as it may
sustain by reason of the injunction if
the court shall finally decide that the
plaintiffs were not entitled thereto,
that the defendant, it's agents, scr
wants and assistants. refrain from dis
connecting the premises of the plain
tiffs, or either Of them. or Of any Per-
son for whom this suit is brought, with
the main sewer of the defendant, or in
any wise interfering with the custo-
mary and reasonable use by said par
ties of said sewerage system
And it is further ordered that the de-
PENDANT show cause before me at
chambers in Wilmington on the oath
day of March, 1903, why the foregoing
order should not be continued until the
final judgment in this section.
Upon filing the undertaking mention
ed above the clerk of said court is here
by directed to issue a copy Of the above
order and aus the same to be served
on the defendant. Done at chambers
at Burgaw, in Fender county, this
March 5th. 1903.
p. B. PEBBLES.
Judge Presiding
The Sewerage Company officials were
served with the order, and the plain
tiffs ave the required bond. The bon
is for $1,000 with ]. c. Springer and
Tyl@- IT 49, 90 ,,,0-