Carroll v. Warrenton Tobacco Board of Trade, Inc.

The only question for decision by Judge Williams at the hearing on September 6, 1962, was whether defendant should be restrained and enjoined pending the final determination of the action. Findings of fact made by the court at such hearing are not binding on the parties or even proper matters for consideration by the court or jury at the trial on the merits. Huskins v. Hospital, 238 N.C. 357, 362, 78 S.E. 2d 116.

There was no waiver of jury trial. There was no demurrer to the complaint. There was no motion to dismiss other than the formal prayer in defendant’s answer. Obviously, the agreement…