Mason and Another v. . Miles
Supreme Court of North Carolina
INJUNCTION, tried before Watts, J., at the Spring Term. 1869, of NORTHAMPTON Superior Court. On the 15th of April; 1869, the plaintiffs filed ■ a complaint against the defendant- alleging that the latter, at Fall Term 1867, had obtained a judgment by default final against them, for more than $590.00, upon a bond in which Mason was principal and Palmer surety.
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INJUNCTION, tried before Watts, J., at the Spring Term. 1869, of NORTHAMPTON Superior Court. On the 15th of April; 1869, the plaintiffs filed ■ a complaint against the defendant- alleging that the latter, at Fall Term 1867, had obtained a judgment by default final against them, for more than $590.00, upon a bond in which Mason was principal and Palmer surety. After stating the consideration of the bond, and that the bond, in renewal of which it had been, given; had been paid, Mason stated that he was insane when the renewal was made; also that no process in the suit upon the bond had even…
1Opinion of the CourtDick, J.
The injunction order in this case was improvi-dentlv granted to the plaintiff, Palmer. He executed the note-on which the defendant obtained judgment, and the due service of process upon him is not denied. As to him the judgment was taken according to the due course of the Court, and is in all respects regular. He does not set forth in his complaint any equitable right which would be infringed by the-execution of said judgment, and of course is not entitled to in-junctive relief. It appears from the record in the former case that the plaintiff Mason was duly served with process, and that the…
2Cited by33 opinions
- Guthrie v. RaySupreme Court of North Carolina · 1977
- Harrington v. RiceSupreme Court of North Carolina · 1957
- Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
- Lord v. . BeardSupreme Court of North Carolina · 1878
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