Tobacco Growers Co-Operative Ass'n v. L. Harvey & Son Co.

In reference to tbe second assignment of error (tbe first having been abandoned) tbe plaintiff cites Ransom v. Shuler, 43 N. C., 304, as authority for tbe position tbat a motion to dissolve an injunction before tbe answer has been filed is premature. There an injunction was granted upon tbe bill and at tbe first term tbe defendant demurred for want of an equity; tbe demurrer was set down for argument at tbe next term and then tbe defendant’s counsel moved to dissolve tbe injunction. Tbe Court said, “There is an obvious inconsistency in such a course, for tbe motion to dissolve must be founded…