North Carolina Gold Amalgamating Co. v. North Carolina Ore Dressing Co.
Supreme Court of North Carolina
Appeal from an Order made at January Special Term, 1878, of Rowan Superior Court, by Kerr, J. In the original action the plaintiff asked among other things for an injunction to restrain the defendant from selling certain premises under the terms of a mortgage deed, and a restraining order was granted by Henry, J., with a notice to - defendant to show cause, &c.
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Appeal from an Order made at January Special Term, 1878, of Rowan Superior Court, by Kerr, J. In the original action the plaintiff asked among other things for an injunction to restrain the defendant from selling certain premises under the terms of a mortgage deed, and a restraining order was granted by Henry, J., with a notice to - defendant to show cause, &c. On the return day the parties appeared before Cloud, J., who vacated said order and refused the injunction, from which ruling the plaintiff' appealed; it was ordered however that in the meantime the-defendant be restrained from selling…
1Opinion of the CourtByNUM, J.
Upon the coming in of the report of the referee appointed by the Court t© 'ascertain the damages sustained by the defendant by reason of the injunction, El Mauney, the surety on the undertaking of the plaintiff, filed exceptions to the report and asked the Court that the issues of fact raised by the exceptions be submitted to a. jury. This motion was allowed and from it the defendant. appealed to this Court. So the single question presented by the appeal is, — had the Judge the power to have the damages sustained by reason of the injunction ascertained by submitting issues to a jury ? As the…
2Cases cited1 opinion
- N. C. Gold Amalgamating Co. v. N. C. Ore Dressing Co.Supreme Court of North Carolina · 1875
3Cited by6 opinions
- Hayden v. KeithSupreme Court of Minnesota · 1884
- Shute v. . ShuteSupreme Court of North Carolina · 1920
- State Ex Rel. Moseley v. JohnsonSupreme Court of North Carolina · 1907
- Crawford v. . PearsonSupreme Court of North Carolina · 1895
- Simpson v. Rice, Friedman & Markwell Co.Supreme Court of Kansas · 1890
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