Legal Opinion

Person v. . Person

Supreme Court of North Carolina

Decided March 29, 1911Published

Appeal from the order of Ward, J., continuing an injunction to the hearing, heard at chambers in Hendersonville, 23 May, 1910. From Franklin.

1Opinion of the Court

■Walker, J.

This is an application for an injunction to stay waste. The court enjoined the defendant until the hearing, and he appealed.

There was a difference, under the old practice, between a common injunction, as for instance, one to restrain the collection of a money judgment because of an alleged equity against its execution, and one of a special nature in whjch the injunction is the principal relief demanded, and when, if the defendant is allowed to proceed unrestrained, the damages will be irreparable. In the former case, the injunction was dissolved, as a matter of course, upon the…

2Cases cited6 opinions

  1. Cobb v. Clegg.Supreme Court of North Carolina · 1904
  2. Purnell v. . DanielSupreme Court of North Carolina · 1851
  3. Troy v. . NormentSupreme Court of North Carolina · 1856
  4. Zeiger v. . StephensonSupreme Court of North Carolina · 1910
  5. Lloyd v. . HeathSupreme Court of North Carolina · 1852

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