Gatewood v. . Leak
Supreme Court of North Carolina
Counter-claim — Nonsuit—Jurisdiction. This was a civil action, heard before Clark, J, on a motion by the plaintiff for restraining order and injunction. The cause was returnable to the May Term, 1887, of ANSON’ Superior Court.
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Counter-claim — Nonsuit—Jurisdiction. This was a civil action, heard before Clark, J, on a motion by the plaintiff for restraining order and injunction. The cause was returnable to the May Term, 1887, of ANSON’ Superior Court. On the motion of the plaintiffs without notice, a restraining , order was issued by Judge Clark on the 2d day of April,. 1887, with notice to the defendants to show cause, at Carthage, on Friday, the 22d of April, 1887, why the injunction prayed for in the complaint should not be granted. The May Term of -Anson Superior Court convened on Monday, the 2d day of May.…
1Opinion of the CourtMekrimoN, J.
The appellant contended first, that the Court had no authority to hear and determine the motion for nonsuit out of term time. And certainly it could not. •do so unless by consent of parties, but it is well settled that with such consent it could. Bynum v. Powe, 97 N. C., 374, and the cases there cited.
We think it sufficiently appears from the record that the appellant gave such consent. The motions for an injunction and nonsuit were argued in term, and the Court, just at the end of the term, signified its purpose to take time to consider them, as was common practice, and the appellant then…
2Cases cited4 opinions
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Coates Bros. v. WilkesSupreme Court of North Carolina · 1886
- Watt v. CrawfordNew York Court of Chancery · 1845
- Lafoon v. . ShearinSupreme Court of North Carolina · 1886
3Cited by14 opinions
- Henry v. . HilliardSupreme Court of North Carolina · 1897
- Cox v. CoxSupreme Court of North Carolina · 1957
- Godwin v. . MondsSupreme Court of North Carolina · 1888
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Campbell v. Washington Light & Power Co.Supreme Court of North Carolina · 1914
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