Legal Opinion

State Ex Rel. Morgan v. Dare to Be Great, Inc.

Court of Appeals of North Carolina

Decided July 12, 1972No. 7210SC517PublishedCited by 8 opinions

1Opinion of the Court

VAUGHN, Judge.

Defendants contend that the thirteen affidavits were not admissible into evidence at the show cause hearing. This contention is based on the following wording of G.S. 1-485(1) : “When it appears by the complaint that the plaintiff is entitled to the relief demanded, . , We do not agree with defendants’ contention that, if proceeding under G.S. 1-485 (1) for a preliminary injunction, the court is limited to what appears in the complaint. Our courts have historically heard motions for preliminary injunction on affidavits. In Huggins v. Board of Education, 272 N.C. 38, 157 S.E. 2d…

2Cases cited7 opinions

  1. State Ex Rel. North Carolina Milk Commission v. National Food Stores, Inc.Supreme Court of North Carolina · 1967
  2. Schloss v. JamisonSupreme Court of North Carolina · 1962
  3. State Ex Rel. Turner v. Koscot Interplanetary, Inc.Supreme Court of Iowa · 1971
  4. Board of Provincial Elders of the Southern Province of the Moravian Church v. JonesSupreme Court of North Carolina · 1968
  5. Huggins v. Wake County Board of EducationSupreme Court of North Carolina · 1967

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State Ex Rel. Sanborn v. Koscot Interplanetary, Inc.Supreme Court of Kansas · 1973
  2. Lowder v. All Star Mills, Inc.Court of Appeals of North Carolina · 1983
  3. Koscot Interplanetary, Inc. v. DraneyNevada Supreme Court · 1974
  4. Edmisten, Attorney General v. Challenge, Inc.Court of Appeals of North Carolina · 1981
  5. United States v. Dish Network LLCDistrict Court, C.D. Illinois · 2017

3 more not listed; retrieve them via the Exa API.

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