Patrick, Adm'r. v. . Joyner, Adm'r
Supreme Court of North Carolina
MotioN to dissolve an injunction, beard by Jones, J., at ■Spring Term 1869, of the Superior Court of Pitt. The facts are stated in tbe Opinion. His Honor having disallowed the motion, the defendant appealed.
1Opinion of the CourtRodman, J.
We regret that we are precluded from considering this case on its merits, by reason of the irregularity of the proceedings. Sec. 70, C. C. P. requires that all civil actions shall be commenced by the issuing of a summons. Sec. 190 says: “The injunction may be granted at the time of ■commencing the action, or at any time afterwards before judgment,” &c. In this case the action was attempted to be commenced, by a writing in the nature of a bill in Equity, sworn to on 26th Nov. .1868, and presented to the District Judge, who on the 30th Nov. 1868, ordered that on the plaintiffs .giving bond…
2Cited by6 opinions
- Labbitt v. BunstonMontana Supreme Court · 1927
- Fleming v. . PattersonSupreme Court of North Carolina · 1888
- McArthur v. . McEachinSupreme Court of North Carolina · 1870
- Trexler v. . NewsomSupreme Court of North Carolina · 1883
- Grant v. . EdwardsSupreme Court of North Carolina · 1884
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