Prairie v. . Jenkins
Supreme Court of North Carolina
Civil Action, praying .an Injunction against the Public Treasurer, heard before "Watts, J., at Chambers in the County of Wake, March 29th, 1875. • Upon hearing the preliminary restraining order and the complaint and affidavit, no answer having been filed, his Honor continued the injunction until the final hearing. Prom this judgment the defendant appealed. All the facts relating to the points decided in this Court are fully stated in the opinion of Justice Rodman.
1Opinion of the CourtRodman, J.
1. The first ground on which the plaintiffs put their claim to relief is, that the judgment was taken before the Clerk of the Superior Court, and not before the Judge in Term time. This objection to the judgment is answered by the Act of 1872-73 (Bat. Rev., chap. CII, sec. 38), which expressly directs the proceéding complained of.
2. That the judgment was taken without notice to them. This, also, is directed by the act cited.
3. That the amount of the bond was too large. This, if it be a defect, is cured by Bat. Rev., chap. LXXX, sec. 10.
4. That the penalties for the sheriff’s default were…
2Cited by2 opinions
- Prairie v. . WorthSupreme Court of North Carolina · 1878
- Worth v. . CoxSupreme Court of North Carolina · 1883