Legal Opinion

Green v. . Griffin

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 25 opinions

This ivas rule upon C. E. Griffin, to show cause why he should not be attached for an alleged contempt of the Court, heard by Connor, Judge, at Chambers, in Wilson, on the 31st of July,. 1886. In the action pending between the parties, an interlocutory order was made for the issue of an injunction, restraining the defendants from joining the walls of a store which they were then-putting up, to those of the plaintifts.

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This ivas rule upon C. E. Griffin, to show cause why he should not be attached for an alleged contempt of the Court, heard by Connor, Judge, at Chambers, in Wilson, on the 31st of July,. 1886. In the action pending between the parties, an interlocutory order was made for the issue of an injunction, restraining the defendants from joining the walls of a store which they were then-putting up, to those of the plaintifts. The injunction was issued, on July 23d, 1886, and on the same day served on the defendant C. F. Griffin. An appeal was taken from the order, and perfected on the next-day.…

1Opinion of the Court

Smith, C. J.,

(after stating the facts). The record raises only two questions :

1. The effect of the appeal upon the interlocutory order; aud, if still operative ;

2. The sufficiency of the defence, that the act of alleged contempt was done with the advice of counsel, and in full assurance that it was not in violation of the order.

Both of these propositions, in an affirmative form, have been strenuously maintained in the argument of appellants’ counsel, and are before us for consideration.

The defendant insists that the appeal, when perfected, annulled the order for all purposes, and left the…

2Cases cited9 opinions

  1. BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
  2. Sixth Avenue R.R. Co. v. . Gilbert E.R.R. Co.New York Court of Appeals · 1877
  3. Baker v. . CordonSupreme Court of North Carolina · 1882
  4. Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
  5. Coates Bros. v. WilkesSupreme Court of North Carolina · 1886

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

3Cited by25 opinions

  1. Robinson v. Air Draulics Engineering CompanyTennessee Supreme Court · 1964
  2. Manufacturing Co. v. . ArnoldSupreme Court of North Carolina · 1947
  3. Rose's Stores, Inc. v. Tarrytown Center, Inc.Supreme Court of North Carolina · 1967
  4. State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1900
  5. Norwood v. Lassiter.Supreme Court of North Carolina · 1903

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

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