Legal Opinion
Fleming v. . Patterson
Supreme Court of North Carolina
Decided February 5, 1888PublishedCited by 7 opinions
Contempt — Injunction—Jurisdiction—When Action is Commenced — Summons. This was an Appeal from an order of Graves, J., adjudging the defendant to be in contempt, for disobedience of a restraining order made in this cause, pending in the Superior Court of Burke County. The facts are stated in the opinion.
1Opinion of the CourtMerrimoN, J.
The following is a copy of the order appealed from, and as to which error is assigned :
“ The plaintiff having issued a summons, which had not been served at the time, obtained an order restraining the defendant from closing a certain alleged way, over which the plaintiff claims the right to pass. The plaintiff moved, on notice, at Burnsville, to attach the defendant. The motion was then continued to Marion, to be heard on the 11th of May, and was on that day continued to Morganton; and now at Chambers at Morganton, the parties appear and the motion to attach the defendant for contempt of…
2Cases cited6 opinions
- Etheridge v. . WoodleySupreme Court of North Carolina · 1880
- Green v. . GriffinSupreme Court of North Carolina · 1886
- Moore v. N. C. RailroadSupreme Court of North Carolina · 1872
- Middleton v. DuffySupreme Court of North Carolina · 1875
- Patrick, Adm'r. v. . Joyner, Adm'rSupreme Court of North Carolina · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nobles v. RobersonSupreme Court of North Carolina · 1937
- McClure v. FellowsSupreme Court of North Carolina · 1902
- Nobles v. . RobersonSupreme Court of North Carolina · 1937
- Carolina & Northwestern Railway Co. v. Pennearden Lumber & M'f'g Co.Supreme Court of North Carolina · 1903
- McClure v. . FellowsSupreme Court of North Carolina · 1902
2 more not listed; retrieve them via the Exa API.