Childs v. . Martin
Supreme Court of North Carolina
Motion to vacate an order restraining defendants, &c., heard before Logan, J., at Fall Term, 1872, of Mecklenburg Superior Court. From the decision of his Honor, refusing to vacate the order restraining the defendants from- further proceedings in foreclosing a certain mortgage, the defendants appealed. The point decided being simply a matter of practice, the facts necessary to an understanding of the same are sufficiently stated in the opinion delivered by the Court.
1Opinion of the CourtRodman, J.
A brief statement of the proceedings in. this case will make our opinion intelligible.
On the 17th June, 1872, the plaintiff, Childs, issued a summons against numerous defendants, returnable to Fall Term of Mecklenburg Superior Court. On 22d June, Childs applied to the Judge of the Ninth District for an order restraining defendants from proceeding to foreclose a certain mortgage, and the Judge made the order restraining them, until further order. At the same time, he directed the defendants to be notified to appear before him on 12th July. On that day, the defendants moved to vacate the…
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