Caldwell v. Stirewalt
Supreme Court of North Carolina
MotioN rob, an injunction in a civil action, heard before Clark, J., at November Term, 1887, of the Superior Court of Iredell County. This was an application, by motion, for an injunction to restrain the feme defendant, pending the action, until the hearing upon the merits, from selling, disposing of, or collecting the promissory notes, and enforcing the mortgage to secure the same, specified in the complaint.
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MotioN rob, an injunction in a civil action, heard before Clark, J., at November Term, 1887, of the Superior Court of Iredell County. This was an application, by motion, for an injunction to restrain the feme defendant, pending the action, until the hearing upon the merits, from selling, disposing of, or collecting the promissory notes, and enforcing the mortgage to secure the same, specified in the complaint. The motion was heard upon the sworn complaint and answers, treated as affidavits, and additional affidavits of the plaintiffs. The following is a copy of the material parts of the…
1Opinion of the Court
MerrijioN, J.,
(after stating the case). The plaintiffs allege a cause of action, and the evidence produced by them in support of the motion for an injunction until the hearing upon the merits, tends strongly to prove, that the action is brought in good faith to obtain the relief demanded, and that the feme plaintiff may be entitled to have the same substantially.
On the contrary, while the answer admits some of the material allegations of the complaint, and other evidential facts, it denies others, and alleges matter in defence, and seriously puts in question the matter in litigation. As the…
2Cases cited5 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Lewis v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1888
- Whittaker v. . HillSupreme Court of North Carolina · 1887
- Harrison v. . BraySupreme Court of North Carolina · 1885
- McElwee v. . BlackwellSupreme Court of North Carolina · 1886
3Cited by3 opinions
- Faison v. . HardySupreme Court of North Carolina · 1894
- Davis v. . LassiterSupreme Court of North Carolina · 1893
- Moore v. . SuggSupreme Court of North Carolina · 1893