Princeton Realty Corp. v. Kalman

The sole question to be decided on this appeal is whether the lower court erred in dissolving the temporary restraining order prior to a final hearing on the merits.

It is noted that the hearing judge in dissolving the order did not find facts, nor did appellant request that facts be found.

Although the Supreme Court indulges the presumption that the findings of the hearing judge are correct and requires the applicant to assign and show error, nevertheless, on appeal from an order granting or refusing an interlocutory injunction it is not bound by the findings of fact of the hearing judge. The…