Lowe v. Board of Commissioners
Supreme Court of North Carolina
Civil ACTION, motion to dissolve an injunction, board by his 'Honor, Gloud, J., at the Spring Term, 1873, of DavidsoN •Superior Court. 'Upon the application of the plaintiffs to his Honor, Judge !Cloud, at Chambers, an injunction issued to defendants on the -22d of April, 1873, restraining them from selling certain lots belonging to the comity, situate in the town of Lexington, and which the Board had ordered to be sold for certain purposes.
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Civil ACTION, motion to dissolve an injunction, board by his 'Honor, Gloud, J., at the Spring Term, 1873, of DavidsoN •Superior Court. 'Upon the application of the plaintiffs to his Honor, Judge !Cloud, at Chambers, an injunction issued to defendants on the -22d of April, 1873, restraining them from selling certain lots belonging to the comity, situate in the town of Lexington, and which the Board had ordered to be sold for certain purposes. The defendants, after due notice, moved, on the 5th of May following, to vacate the order of injunction, which motion liis Honor refused, and continued…
1Opinion of the CourtBysum, J.
The injunctive relief, sought in this action, is not auxiliary to another and main relief, but is the main relief itself, and the object of the action, therefore, the dissolution of the injunction would be equivalent to a dismissal of the action. In such cases where a reasonable doubt exists in the mind of the Court, whether the equity of the complaint is sufficiently negatived by the answer, the Court will not dissolve the injunction, but continue to the hearing. Much must depend upon the sound discretion of the Court to whom the question of dissolution is preferred. James v. Lemley, 2 Ired.…
2Cited by10 opinions
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- Marshall v. Commissioners of Stanly CountySupreme Court of North Carolina · 1883
- Vickers v. Durham.Supreme Court of North Carolina · 1903
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