{
  "id": 8574607,
  "name": "STATE OF NORTH CAROLINA, ex rel. T. W. BRUTON, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, ex rel. JAMES YANDELL v. AMERICAN LEGION POST NO. 113 and KENNETH WOOTEN",
  "name_abbreviation": "State ex rel. Bruton v. American Legion Post No. 113",
  "decision_date": "1962-04-11",
  "docket_number": "",
  "first_page": "691",
  "last_page": "693",
  "citations": [
    {
      "type": "official",
      "cite": "256 N.C. 691"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "46 S.E. 749",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "134 N.C. 394",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11273164
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/134/0394-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:8251b5e2aaca1638",
    "word_count": 1140
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  "last_updated": "2023-07-14T16:51:02.884412+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA, ex rel. T. W. BRUTON, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, ex rel. JAMES YANDELL v. AMERICAN LEGION POST NO. 113 and KENNETH WOOTEN."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe plaintiff contends that the killing of rabbits by the use of sticks is a violation of G.S. 14-360, which statute provides that a violation thereof is a misdemeanor. The statute reads as follows: \u201cIf any person shall wilfully overdrive, overload, wound, injure, torture, torment, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill or cause or procure to be overdriven, overloaded, wounded, injured, tortured, tormented, deprived of necessary sustenance, cruelly beaten, needlessly mutilated or killed as aforesaid, any useful beast, fowl or animal, every such offender shall for every such offense be guilty of a misdemeanor. In this section, and in every law which may be enacted relating to animals, the words 'animal\u2019 and \u2018dumb animal\u2019 shall be held to include every living creature; the words \u2018torture,\u2019 \u2018torment\u2019 or \u2018cruelty\u2019 shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful shooting of birds, deer and other game for human food.\u201d\nThe plaintiff further contends that a rabbit is a \u201cuseful beast\u201d within the meaning of the above statute, and that the killing of rabbits in the manner described in the evidence was a violation of the statute. If this be conceded, ordinarily the violation of a criminal statute is not sufficient to invoke the equitable jurisdiction of the court. \u201cThere is no equitable jurisdiction to enjoin the commission of a crime.\u201d Hargett v. Bell, 134 N.C. 394, 46 S.E. 749.\nIt is important to note that the plaintiff offered no evidence tending to support his allegations that these defendants planned to sponsor future rabbit hunts of the character of which he complains. Certainly, the future health, safety and welfare of the public cannot be endangered by what occurred on previous hunts. Completed acts and past occurrences in the absence of any evidence tending to show an intention on the part of the defendants to sponsor or engage in future rabbit hunts to be conducted in the manner complained of in the plaintiff\u2019s complaint, will not authorize the exercise of the court\u2019s in-junctive power. Furthermore, the plaintiff offered no evidence tending to show that the activities sought to be enj oined endangered the health, safety or welfare of the public. Neither did he offer any evidence or raise any question in the trial below tending to show that a criminal prosecution under G.S. 14-360 is not an adequate remedy if, in fact, the defendants are guilty of a violation of that statute.\nThe judgment of the court below is\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Welling, Welling & Meek for plaintiff.",
      "C. B. Winberry; B. A. Collier, Sr.; R. A. Hedrick; Johnnie Ray Hendren; Arthur S. Beckham, Jr., for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA, ex rel. T. W. BRUTON, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, ex rel. JAMES YANDELL v. AMERICAN LEGION POST NO. 113 and KENNETH WOOTEN.\n(Filed 11 April, 1962.)\n1. Injunctions \u00a7 4\u2014\nOrdinarily, injunction will not lie to enjoin the violation of a criminal statute, since prosecution under the statute is usually an adequate remedy.\n2. Injunctions \u00a7 2; Animals \u00a7 7\u2014\nInjunction will not lie to restrain an organization from holding or engaging in a rabbit hunt with sticks when there is no evidence to support plaintiff\u2019s allegations that defendants plan to sponsor or hold such rabbit hunts in the future. Further, in this case there is no evidence tending to show that the activities sought to be enjoined endanger the health, safety or welfare of the public. G.S. 14-360.\nAppeal by plaintiff from Crissman, J., November Civil Term 1961 of IREDELL.\nThis action was brought to restrain American Legion Post No. 113 of Harmony, North Carolina, and the defendant Kenneth Wooten, the Commander of said Post, from engaging in or carrying on any rabbit hunts, rabbit chases, or rabbit killings wherein such activities result in the maiming, beating or killing of rabbits by sticks, stones, or by otherwise cruelly and inhumanely beating, maiming and killing rabbits in the State of North Carolina.\nThis action was originally instituted in Mecklenburg County, North Carolina, by James Yandell, a citizen and resident of said County.\nThe defendants before filing an answer to the complaint, moved to remove the case to Iredell County for trial on the grounds that the convenience of witnesses and the ends of justice would be promoted thereby; that the defendant American Legion Post No. 113 is an unincorporated association and the defendant Wooten is a citizen and resident of Iredell County; and that all witnesses necessary to the hearing in this matter are residents of Iredell County. The motion was granted for the convenience of witnesses and in the court\u2019s discretion.\nThe plaintiff\u2019s evidence tends to show that on 17 December 1960 and for one or more years prior thereto the defendant Legion Post sponsored a rabbit hunt wherein sticks were used to kill rabbits in the field. The hunt in December 1960 was held on the farm of O. G. Templeton and other surrounding farms. Dogs were used to jump or flush the rabbits. Some 75 or 80 people, most of whom were members of American Legion Post No. 113, participated in the hunt. The hunt was open to members of the Legion Post and their families. Of those present for the hunt, some 12 or 15 were young men under 18 years of age, including a few who were not over 12 or 15 years of age. These young people under 18 years of age were children of members of the defendant Legion Post. Some of these young men participated in the hunt, others did not. The sticks used to kill the rabbits were principally cut from saplings of one to one and one-half inches in diameter and four to four and one-half feet long. Approximately 35 rabbits were killed in the hunt that lasted some six or seven hours. When a rabbit was flushed and ran out into the circle of hunters, it was usually hit on the head and killed instantly, but if not, the hunter immediately picked up the rabbit and hit it with the hand behind its ears, thereby killing the rabbit within a matter of ten or fifteen seconds after it was first hit. There is no evidence of the use of stones by any participant in connection with the killing of any rabbit on this hunt, and the evidence was also to the effect that no rabbit escaped that was hit by a stick.\nThese rabbits were used for food; they were barbecued and tickets were sold for the barbecue supper and the proceeds used for the Legion Post\u2019s Charity Fund.\nAt the close of plaintiff\u2019s evidence the defendant moved for judgment as of nonsuit. The motion was allowed and the plaintiff appeals, assigning error.\nWelling, Welling & Meek for plaintiff.\nC. B. Winberry; B. A. Collier, Sr.; R. A. Hedrick; Johnnie Ray Hendren; Arthur S. Beckham, Jr., for defendant."
  },
  "file_name": "0691-01",
  "first_page_order": 727,
  "last_page_order": 729
}