Stout v. . McNeill
Supreme Court of North Carolina
Civil aotion, tried before MucRae, Judge, at Chambers, in Oumbehland county, on the 18th day of June, 3887. The purpose.of the present action is to have allotted to the plaintiff, (who with the defendant J. S. McNeill, had formed a copartnership, and conducted a mercantile business in the name of McNeill A preliminary application was made to the Judge at •Chambers for a temporary restraining order, which, upon notice, was heard upon a series of affidavits offered by the…
Read the full summary
Civil aotion, tried before MucRae, Judge, at Chambers, in Oumbehland county, on the 18th day of June, 3887. The purpose.of the present action is to have allotted to the plaintiff, (who with the defendant J. S. McNeill, had formed a copartnership, and conducted a mercantile business in the name of McNeill A preliminary application was made to the Judge at •Chambers for a temporary restraining order, which, upon notice, was heard upon a series of affidavits offered by the contesting parties, and upon his finding of facts, was denied, with a further order appointing the said sheriff receiver, to…
1Opinion of the Court
SMITH, C. J.,
(after stating the case). Before proceeding to the consideration of the imputed error in the ruling, we call attention to the fact that the sheriff is improperly made a party in the cause, when the remedy by an injunction is sought, for when it issues against the defendant, it requires him to countermand any authority given to agents in contravention of the order, and so refrain from using the public agencies through which he must proceed in doing the forbidden act. In Edney v. King, 4 Ired. Eq., 465, Ruffin, C. J., uses this language, speaking of the introduction of the. clerk…
2Cases cited4 opinions
- Jones v. . BoydSupreme Court of North Carolina · 1879
- Burns & Smucker v. Harris & AllenSupreme Court of North Carolina · 1872
- Allen & Co. v. GrissomSupreme Court of North Carolina · 1884
- State Ex Rel. Scott & Burton v. KenanSupreme Court of North Carolina · 1886
3Cited by6 opinions
- Lackett v. RumbaughU.S. Circuit Court for the District of Western North Carolina · 1891
- McMillan v. . WilliamsSupreme Court of North Carolina · 1891
- Richardson v. . ReddSupreme Court of North Carolina · 1896
- Thornton v. . LambethSupreme Court of North Carolina · 1889
- Farmer v. . HeadSupreme Court of North Carolina · 1918
1 more not listed; retrieve them via the Exa API.