Patterson v. Durham Hosiery Mills

1. One phase of this case came before this Court for a hearing at the Spring Term, and is reported as Patterson v. Hosiery Mills, ante, 24. At that time there was a three-to-three division of the Court, and, under our practice, the judgment of the court below stood affirmed, without authority as precedent. The plaintiffs now contend that the judgment of the court below, upon the hearing of the order to show cause why the injunction should not be continued to the hearing, is the law of the case, res adjudicata, and determines the matter at the final hearing.

The hearing upon the order to show…