In Re Trusteeship Under Will of Melgaard

If I were making law I Avould do it precisely as it is done in the majority opinion, which probably reaches the more desirable result. But inasmuch as we must take the statute as we find it, I reach the opposite conclusion.

If the order in question is one granting or denying a provisional remedy, within the meaning of G. S. 1923 (2 Mason, 1927) § 9498(2), it is appealable. Inasmuch as a provisional remedy is one “pro-Arided for present need, or for the occasion * * * one adapted to meet a particular exigency” (6 Wd. & Phr. [1 ser.] 5752) there ought to be no question but that discovery is a…