Heilig and Others v. . Stokes and Pennington
Supreme Court of North Carolina
INJUNCTION, before Buxton, J., upon a motion to vacate-the order, at Staktly, Spring Term, 1869. The facts are stated in the Opinion. His Honor declined to vacate the order, and the defendants-appealed.
1Opinion of the CourtRodman, J.
The Code of Civil Procedure, Sec. TO, requires that every action shall be commenced by issuing a summons: Sec. 188, abolishes the writ of injunction as a provisional remedy, and substitutes an injunction by order. Sec. 190 says that the injunction may be granted at the time of commencing the action or at any time afterwards before judgment; and the cases in which it may be granted are defined in Sec. 189. This action was not commenced by summons, but by a complaint in the nature of a bill in equity for injunction and relief^ and the summons issued after the granting of the injunction. The…
2Cited by42 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Battle v. MayoSupreme Court of North Carolina · 1889
- Jones v. . BoydSupreme Court of North Carolina · 1879
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