Legal Opinion

Hamilton v. . Icard

Supreme Court of North Carolina

Decided February 5, 1893PublishedCited by 14 opinions

Civil action, heard on application for an injunction before Ármfidcl, J., at Chambers at Statesville on December 20, 1892. Action was brought in Caldwkll Superior Court (Tenth District); restraining order was issued by Bynum, J., the Judge resident in the Eighth District, on the 3d December, 1892, and made returnable at Statesville on the 20th December, 1892, before Armfield, J., who by assignment held the Courts of the Tenth District from July 1, 1892, to December 31, 1892.…

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Civil action, heard on application for an injunction before Ármfidcl, J., at Chambers at Statesville on December 20, 1892. Action was brought in Caldwkll Superior Court (Tenth District); restraining order was issued by Bynum, J., the Judge resident in the Eighth District, on the 3d December, 1892, and made returnable at Statesville on the 20th December, 1892, before Armfield, J., who by assignment held the Courts of the Tenth District from July 1, 1892, to December 31, 1892. At the hearing the defendants moved to dismiss the pro,-ceedings on the ground that while Judge Armfield was the proper…

1Opinion of the Court

ClakK, J.:

The general jurisdiction of restraining orders and injunctions is vested in the Judges of the Superior Court. The Code, §335. In specifying which of these Judges has jurisdiction of any specified case it is provided that any of them may grant a restraining order. The Code, §334. This he may, of course, do in any cause and anywhere in the State. This is because a restraining order is granted of urgency upon ex-parte application usually, and cannot last more than twenty days. The Code, §346. Its object is to preserve matters in statu, quo until, after notice, upon a hearing of both…

2Cases cited3 opinions

  1. Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
  2. Peebles v. . BraswellSupreme Court of North Carolina · 1890
  3. Galbreath v. . EverettSupreme Court of North Carolina · 1881

3Cited by14 opinions

  1. Baker v. VarserSupreme Court of North Carolina · 1954
  2. UNION CARBIDE CORPORATION v. DavisSupreme Court of North Carolina · 1960
  3. Moore v. Cooper Monument Co.Supreme Court of North Carolina · 1914
  4. City of Reidsville v. SladeSupreme Court of North Carolina · 1944
  5. Ward v. . AgrilloSupreme Court of North Carolina · 1927

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