Kincaid v. . Conly
Supreme Court of North Carolina
Bill to impeach a decree in the Supreme Court and for an injunction, filed to Fall Term, 1866, of the Court of Equity for Burke. The injunction was granted, and upon the coming in of the answers at Spring Term, 1867, Buxton, J., presiding, the defendants moved to dissolve. His Honor, pro forma, refused the motion and continued the injunction; whereupon the defendants appealed.
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Bill to impeach a decree in the Supreme Court and for an injunction, filed to Fall Term, 1866, of the Court of Equity for Burke. The injunction was granted, and upon the coming in of the answers at Spring Term, 1867, Buxton, J., presiding, the defendants moved to dissolve. His Honor, pro forma, refused the motion and continued the injunction; whereupon the defendants appealed. The opinion renders a statement of the case unnecessary. 1. If the bill be a bill of review for errors committed by the Supreme Court, it should have been filed in that court. Am. Bible Society v. Hollister, 1 Jon. Eq.…
1Opinion of the CourtBattle, J.
The bill was filed in the Court of Equity for Burke county, for the purpose of impeaching a final decree-of this Court, upon the ground that it was obtained by fraud and surprise upon the present complainants, and for-matter's of a public nature which have since occurred, and which would render its enforcement unjust and oppressive. Upon the filing of the bill an injunction was granted, whereupon the defendants filed their answers, and moved for a dissolution of the injunction, which being refused, and an order made that it should be continued until the hearing, the defendants appealed to…
Also in this document: Per curiam.
2Cited by2 opinions
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- Patton v. . MarrSupreme Court of North Carolina · 1853