Coggins v. City of Asheville

HIGGINS, Justice.

In this action the plaintiff asked the court, (1) to restrain the defendants from performing their contract inter se; and (2) to restrain the City of Asheville from issuing bonds or using the bond proceeds to finance the contract. The evidentiary facts are not in dispute. However, only the ultimate facts found by the court and its conclusions of law based thereon are challenged.

In cases involving a temporary rather than a permanent restraining order, the court’s findings of fact are not binding on the appellate court which may make its own findings. McIntosh North Carolina…