Parker v. . Grammer
Supreme Court of North Carolina
Original Bill, for an account of a partnership, &c., filed -to Spring Term, 1866, of the Court of Equity for Gates county. Upon the coming in of the answer at that term a motion was made to dissolve an injunction theretofore obtained. Barnes, J., having disallowed the same, the defendant appealed. The hill stated that in March, 1865, a partnership had ■been formed between tbe parties, for tbe purpose of trading in cotton.
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Original Bill, for an account of a partnership, &c., filed -to Spring Term, 1866, of the Court of Equity for Gates county. Upon the coming in of the answer at that term a motion was made to dissolve an injunction theretofore obtained. Barnes, J., having disallowed the same, the defendant appealed. The hill stated that in March, 1865, a partnership had ■been formed between tbe parties, for tbe purpose of trading in cotton. By its terms complainant was to furnish the money, and the defendant was to buy the cotton and dediver it over for sale to the complainant, who was to account for the…
1Opinion of the CourtPearson, C. J.
Where there is reason to apprehend ‘that the subject of a controversy in equity will be destroyed, or removed, or otherwise disposed of by the defendant., pending the suit, so that the complainant may lose the fruit of his recovery, or be hindered an.d delayed in obtaining it, the court, in aid of the primary -equity, will secure the fund by the writ of sequestration, <or the writs of seques tration and injunction, until the main equity is adjudicated at the hearing- of the cause.
These writs are extraordinary process, and .to sustain them, on a motion to dissolve the injuction and remove the…
Also in this document: Per curiam.
2Cited by7 opinions
- Manufacturing Co. v. . SummersSupreme Court of North Carolina · 1906
- Edmonds v. HallSupreme Court of North Carolina · 1952
- McCless v. . MeekinsSupreme Court of North Carolina · 1895
- Proctor v. Carolina Fertilizer & Phosphate WorksSupreme Court of North Carolina · 1922
- Zeiger v. . StephensonSupreme Court of North Carolina · 1910
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