McCorkle v. . Brem
Supreme Court of North Carolina
Practice — Injunction. MotioN to continue an Injunction,' beard on the 28th of December, 1876, at Chambers, before Schenck, J. The plaintiffs are the heirs at law of one John Ilarty. Thomas H. Brem the deceased ancestor of the defendants was administrator of said Ilarty and as such came into possession of a certain amount of money, a part of which was invested in the purchase of a lot in the City of Charlotte for ¡the use and benefit of plaintiffs.
Read the full summary
Practice — Injunction. MotioN to continue an Injunction,' beard on the 28th of December, 1876, at Chambers, before Schenck, J. The plaintiffs are the heirs at law of one John Ilarty. Thomas H. Brem the deceased ancestor of the defendants was administrator of said Ilarty and as such came into possession of a certain amount of money, a part of which was invested in the purchase of a lot in the City of Charlotte for ¡the use and benefit of plaintiffs. It was alleged that the deed for said lot ivas made to said Brem personally and did not recite the trust according to an •agreement between the…
1Opinion of the CourtFaiRcloth, J.
As a general rale an injunction will be refused when the answer fully and distinctly denies all the; grounds on which the equity of the complaint is founded.. This rule however is not inflexible, and the Court in the exercise of a sound discretion will view all the facts and circumstances surrounding each case and be governed accordingly. When it can do neither party any harm to grant the injunction, except merely delay to the hearing, and when, a refusal to grant it would probably subject one of the parties to further litigation, cost and trouble, the Court will interfere by orders until the…
2Cited by19 opinions
- Davis v. Sowell & Co.Supreme Court of Alabama · 1884
- Seip v. . WrightSupreme Court of North Carolina · 1917
- Capehart v. . BiggsSupreme Court of North Carolina · 1877
- Lance v. CogdillSupreme Court of North Carolina · 1953
- Wentz v. Piedmont Land Co.Supreme Court of North Carolina · 1927
14 more not listed; retrieve them via the Exa API.