Legal Opinion

LANE TRUCKING COMPANY v. Haponski

Supreme Court of North Carolina

Decided November 20, 1963No. 449PublishedCited by 1 opinion

1Opinion of the CourtBobbitt, J.

Plaintiff alleged 'the “trucks, rolling stock and other equipment” were in the State of Florida when defendant took posses'- sáon ‘amid control thereof. There is no allegation or 'contention that the action involves property located in North Carolina and -subj act to' the jurisdiction, of our courts.

Plaintiff’s action is for prohibitory and mandatory injunctive relief. “Injunction is distinctly an equitable remedy, and the well-established principle underlying equity jurisdiction that it is exercised in 'per-sonam, and not in rem, is fully applicable.” 28 Am. Jur., Injunctions § 4; 19 Am.…

2Cases cited5 opinions

  1. Burton v. DixonSupreme Court of North Carolina · 1963
  2. Warlick v. H. P. Reynolds & Co.Supreme Court of North Carolina · 1910
  3. Temple v. TempleSupreme Court of North Carolina · 1957
  4. Stevens v. . CecilSupreme Court of North Carolina · 1938
  5. Trinity Methodist Church v. MillerSupreme Court of North Carolina · 1963

3Cited by1 opinion

  1. Pelham Realty Corp. v. Board of TransportationSupreme Court of North Carolina · 1981

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