State v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was an Appeal from the ruling of his Honor, Albert--son, J, requiring the defendant to give bond in the sum of $50,000, to continue an injunction, theretofore granted upon, motion in the cause. The case was heard by his Honor, at Chambers, in Wake county, June 19th, 1878. A motion was then made by the defendants to vente the injunction.
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This was an Appeal from the ruling of his Honor, Albert--son, J, requiring the defendant to give bond in the sum of $50,000, to continue an injunction, theretofore granted upon, motion in the cause. The case was heard by his Honor, at Chambers, in Wake county, June 19th, 1878. A motion was then made by the defendants to vente the injunction. IT] on the hearing, among other things, it was adjudged by the court: “ Should the plaintiff appeal, he shall first give bond in the sum of fifty thousand dollars to continue the injunction, and also in the sum of five hundred dollars for costs of…
1Opinion of the Court
Bead®, J.
The action -was brought to enjoin the defendants, who' were the lessees of the North Carolina Eailroad, from changing the gauge of that road. A restraining order was granted without notice, and then, upon notice, an injunction was granted until the final hearing. From that order the defendants appealed to this court. And this court directed the injunction to be dissolved. That, of course, carried the costs against the plaintiff ; for the statute provides, “ that in all civil actions, prosecuted in the name of the State, by an officer duly authorized for that purpose, the State shall…
2Cases cited2 opinions
- State on Rel. Martin v. . Sloan .Supreme Court of North Carolina · 1873
- Davis v. . Board of Comm'rs., Stokes Co. and PoindexterSupreme Court of North Carolina · 1875
3Cited by8 opinions
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Hasty v. . FunderburkSupreme Court of North Carolina · 1883
- Pearson v. QuinnSupreme Court of Arkansas · 1914
- State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1899
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