Galbreath v. . Everett
Supreme Court of North Carolina
Apfeau from an order granting an injunction made at Chambers, in Waynesville, on tbe 27th of-July, 1880, in an action pending in Swain Superior Court, by Qudger, J, The circumstances under which tbe injunction was granted are as follows : The plaintiff began her action on the 23rd of June, 1880, by summons returnable to fall term of said court, and on the 27th she moved for an injunction re^ straining the defendant from selling certain land, for the reasons set forth in an…
Read the full summary
Apfeau from an order granting an injunction made at Chambers, in Waynesville, on tbe 27th of-July, 1880, in an action pending in Swain Superior Court, by Qudger, J, The circumstances under which tbe injunction was granted are as follows : The plaintiff began her action on the 23rd of June, 1880, by summons returnable to fall term of said court, and on the 27th she moved for an injunction re^ straining the defendant from selling certain land, for the reasons set forth in an affidavit filed, the judge (Gudger^fc being the resident judge of tbe ninth judicial district, but assigned at the time…
1Opinion of the CourtRuffiN, J.
By the act of 1879, ch. 63, entitled “ an act defining the jurisdiction of judges of the superior courts as to granting injunctions and restraining orders, &c.,” it is provided that all restraining orders granted by any of the judges shall be made returnable before the resident judge of the district, or the judge assigned to the district, or holding by exchange the courts of the district in which the action ma3 be depending.
It is perfectly manifest that this statute, with a view' to. prevent the inconvenience of parties, intended to fix the place where rather than the persons before whom such…
2Cited by3 opinions
- Hamilton v. . IcardSupreme Court of North Carolina · 1893
- Worth v. Piedmont Bank of MorgantonSupreme Court of North Carolina · 1897
- Hopkins v. . SwainSupreme Court of North Carolina · 1934