Hemphill v. Moore
Supreme Court of North Carolina
Notice — Injunction—Relief Against Mistake or Inadvertence. This is an Appeal from a Restraining Order, granted by Philips, J., at Fall Term, 1889, of McDowell Superior Court. At the appearance term of the Court, the plaintiff filed his complaint and the defendant filed her answer thereto, and an order of reference was entered.
Read the full summary
Notice — Injunction—Relief Against Mistake or Inadvertence. This is an Appeal from a Restraining Order, granted by Philips, J., at Fall Term, 1889, of McDowell Superior Court. At the appearance term of the Court, the plaintiff filed his complaint and the defendant filed her answer thereto, and an order of reference was entered. At the next succeeding term, in the course of the action, the plaintiff, in open Court, moved, upon affidavit, deemed pertinent and sufficient, for an injunction. One of the counsel of the defendant appeared and opposed the motion. The following is the material part of…
1Opinion of the Court
Merrimon, C. J.-
-after stating the case: It was suggested, on the argument- here, that this action was improvidently brought, because the plaintiff might have obtained the relief sought by it, and the motion in question, in a pending special proceeding. But no question in that respect is presented by the assignment of error, or by the record proper. The single ground of 'exception is, that the order granting the injunction was made without notice to the defendant.
The statute (The Code, §340) prescribes that “an injunction should not be allowed after the defendant shall have answered, unless…
2Cases cited1 opinion
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
3Cited by16 opinions
- Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Coor v. . SmithSupreme Court of North Carolina · 1890
- Stith v. . JonesSupreme Court of North Carolina · 1896
- Jones v. . JonesSupreme Court of North Carolina · 1917
11 more not listed; retrieve them via the Exa API.