City of Reidsville v. Slade

Careful consideration of the five questions involved on this appeal, as stated in brief of defendants, appellants, fails to disclose error for which the judgment below may be disturbed.

1. At the outset defendants contend that Sink, J., was without jurisdiction, at the time he acted, to vacate or modify the temporary injunction made by Carr, J. If an injunction be granted without notice, as in this case, it is provided by statute, G. S., 1-498, formerly O. S., 8.56, that the defendant, that is, the party enjoined, “at any time before the trial, may apply, upon notice to be fixed by court of…