Wrought Iron Range Co. v. Carver
Supreme Court of North Carolina
This was a civil action, heard by his Honor, Henry R. JStarbue7&\ at Chambers, in Greensboro, the 13th day of July, 1895, upon an affidavit of the plaintiff to continue the restiaining order, theretofore granted, by Robinson, Judge, until the final hearing. Upon an affidavit made by the plaintiff, his Honor, W. B. CB.
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This was a civil action, heard by his Honor, Henry R. JStarbue7&\ at Chambers, in Greensboro, the 13th day of July, 1895, upon an affidavit of the plaintiff to continue the restiaining order, theretofore granted, by Robinson, Judge, until the final hearing. Upon an affidavit made by the plaintiff, his Honor, W. B. CB. Robinson, granted an order restraining and enjoining the defendants from the acts complained of in the affidavit of the plaintiff, and ordered the d'efendant to show canse before his Honor, Henry R. Starlmeh, at'Greensboro, on the 6th day of July, 1895, why the same should not…
1Opinion of the Court
Furches, J.:
This is an application for an injunction to restrain the defendant, as sheriff of Person county, from collecting by distraint, what he claims to be a peddler’s tax. The defendant denies plaintiff’s right to proceed by injunction, whether the tax be “illegal and void” or not, under Section 76, Machinery Act of 1895. We do not agree with defendant in this contention.
Tt was agreed that plaintiff might proceed by injunction unless he is prevented by this Section, and it is true that this section does not profess to prohibit the issuance of injunctions against the collection of public…
2Cases cited18 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Paul v. VirginiaSupreme Court of the United States · 1869
- Welton v. MissouriSupreme Court of the United States · 1876
- McCready v. VirginiaSupreme Court of the United States · 1877
- Emert v. MissouriSupreme Court of the United States · 1895
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3Cited by22 opinions
- Henrietta Mills v. Rutherford CountySupreme Court of the United States · 1930
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- Carey v. Lincoln Loan Co.Court of Appeals of Oregon · 2005
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