B B. Craycroff & Co. v. Morehead
Supreme Court of North Carolina
Motion to dissolve and vacate art injunction, beard before Clarke-, J., Spring Term, 1872, of Gravfn Court. Plaintiff alleged that on the 29th May, 1869, he recovered a judgment against the defendant, James R. Morehead, for $3,666.66. That execution was issued on the jndgment against the property of defendant, who was a non-resident, and returned not satisfied.
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Motion to dissolve and vacate art injunction, beard before Clarke-, J., Spring Term, 1872, of Gravfn Court. Plaintiff alleged that on the 29th May, 1869, he recovered a judgment against the defendant, James R. Morehead, for $3,666.66. That execution was issued on the jndgment against the property of defendant, who was a non-resident, and returned not satisfied. That prior to this judgment, but after the contracting of the debt due the plaintiff, the defendant, Jennie Morehead, who was then a single woman, obtained a large judgment, in April 1869, against the defendant James,, and immediately…
1Opinion of the CourtPearson, C. J.
The case is betoie us to review the decisión of the Judge below, upon a motion to dissolve an injunction, which was heard upon the complaint, answer and depositions (used as affidavits) and the argument of counsel. We eoncur with his Honor, both in respect to his conclusions as to the facts and his conclusions upon the questions of law.
Upon a motion to dissolve an injunction when a fund has been taken into the custody of the law, the settled rule is, that as the court has hold of the fund, it will not let it go, if the plaintiff, shows probable cause, from which it may be reasonably inferred…
2Cited by9 opinions
- Seip v. . WrightSupreme Court of North Carolina · 1917
- Plott v. . Comrs.Supreme Court of North Carolina · 1924
- Plott v. Board of CommissionersSupreme Court of North Carolina · 1924
- Morris v. . WillardSupreme Court of North Carolina · 1881
- Ellett v. NewmanSupreme Court of North Carolina · 1885
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