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STATE v. MALLOY

No. 702.

141 S.E.2d 796 (1965)

264 N.C. 396

STATE of North Carolina ex rel. James C. BOWMAN, Solicitor of the Eighth Solicitorial District, v. William D. MALLOY and Moses McGill.

Supreme Court of North Carolina.

May 5, 1965.

Attorney(s) appearing for the Case

Lisbon C. Berry, Jr., Wilmington, and Samuel S. Mitchell, Raleigh, for appellant.

No counsel for appellee.

PER CURIAM.

Actions, as authorized by c. 19 of the General Statutes, for the abatement of nuisances are not in rem but in personam. Sinclair, Solicitor, v. Croom, 217 N.C. 526, 8 S.E.2d 834.

A party charged with the maintenance of a public nuisance, as defined by G.S. § 19-1, has a right to traverse the factual allegations of the complaint. If he does so, he can not be deprived of his right to a jury trial on the issues raised by the pleadings, N.C. Constitution...

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