Trexler v. . Newsom
Supreme Court of North Carolina
MotioN to dissolve an injunction, in an action pending in Rowan Superior Court, heard at Chambers in Lexington on the 15th of March, 1883, before Craves, J. In 1875 the defendants obtained two judgments against the plaintiffs before a justice of the peace, one for the sum of $73.49 and costs, upon a claim assigned to them by J. & D. Trexler, and the other for the sum of $39.45 and costs, upon a claim assigned to them by one Hodge.
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MotioN to dissolve an injunction, in an action pending in Rowan Superior Court, heard at Chambers in Lexington on the 15th of March, 1883, before Craves, J. In 1875 the defendants obtained two judgments against the plaintiffs before a justice of the peace, one for the sum of $73.49 and costs, upon a claim assigned to them by J. & D. Trexler, and the other for the sum of $39.45 and costs, upon a claim assigned to them by one Hodge. These judgments the defendants caused to be docketed in the superior court on the 3d day of December, 1871, having first had them-revived in the justice’s court.…
1Opinion of the CourtRuffin, J.
Besides the express provision of the statute (C. C. P., § 190) that an injunction can only be granted at the commencement of the action, or sometime thereafter, there are several adjudications directly in point and fully sustaining the ruling of the judge. Patrick v. Joyner, 63 N. C., 573; McArthur v. McEachin, 64 N. C., 72; Hirsh v. Whitehead, 65 N. C., 516.
There are several reasons why we cannot adopt the suggestion of counsel and treat this proceeding as a motion in the cause, and amongst them the insuperable one growing out of the fact that there are two judgments, and therefore two…
2Cases cited3 opinions
- Patrick, Adm'r. v. . Joyner, Adm'rSupreme Court of North Carolina · 1869
- Hirsh v. J. D. Whitehead & Co.Supreme Court of North Carolina · 1871
- McArthur v. . McEachinSupreme Court of North Carolina · 1870
3Cited by2 opinions
- Grant v. . EdwardsSupreme Court of North Carolina · 1884
- Horne v. Commissioners of Cumberland CountySupreme Court of North Carolina · 1898