Legal Opinion

Pritchard v. . Baxter

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 5 opinions

This was a Motion to continue a restraining order in an action pending in Pasquotank Superior Court, heard at Chambers, in Washington, N 0., on June 18th, 1889, before Brown, J. An affidavit (supported by certified copy of issues, etc.) was filed in this Court, to the effect that a judgment had been rendered in this case against the plaintiff upon issues found by a jury, and that no appeal was taken, and the trial was had since the order made in the injunction proceeding.

1Opinion of the Court

Per Cnriam:

It appears from a transcript from the Court-below, that since the issuing of this injunction, all of the-issues have been tried and found against the appellant, and that a judgment accordingly has been rendered, finally disposing of the action. It thus appears that the appellant had no ground whatever for suing out the injunction, and there-being only the costs involved, it is adjudicated that the appeal be dismissed.

Dismissed.

2Cited by5 opinions

  1. In re KaepplerNorth Dakota Supreme Court · 1898
  2. Cole v. TaylorTennessee Supreme Court · 1915
  3. Pearson v. QuinnSupreme Court of Arkansas · 1914
  4. State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1899
  5. Russell v. . CampbellSupreme Court of North Carolina · 1893