Faison v. . McIlwaine .
Supreme Court of North Carolina
Civil action, applying for an injunction against the collection of a certain judgment, tried at the Spring Term, 18ÍT4, of NoRthampton Superior Court, before his Honor, Judge Al-lertson.
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Civil action, applying for an injunction against the collection of a certain judgment, tried at the Spring Term, 18ÍT4, of NoRthampton Superior Court, before his Honor, Judge Al-lertson. On the 18th day of October, 1873, the plaintiff commenced by summons a civil action, returnable to Spring Term, 1874, of the Superior Court, and upon a sworn complaint, prayed his Honor to grant an order of injunction, restraining the collection of an execution, which had been issued on a judgment, which the defendants in this action had obtained against him at Spring Term, 1873, of the said Court, for the…
1Opinion of the CourtRodaiaN, J.
It is well established in this State, that no party to a suit, is permitted by a new and independent action praying for an injunction, to seek any relief which he might obtain by motion in the original action. Mason v. Miles, 68 N. C. Rep., 564; Jarman v. Saunders, 64 N. C. Rep., 367.
In this last case, a proceeding like the present, was regarded as a motion in the original action, but the decision on that point of practice, was there put on the ground, that the Code of Procedure had been but recently introduced, and the practice arising out of it could not be supposed to be known to the…
2Cases cited3 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Lewis v. . SloanSupreme Court of North Carolina · 1873
- Whitehurst, Trustee v. . Green, Ex'r.Supreme Court of North Carolina · 1873
3Cited by9 opinions
- Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
- Williams v. . DunnSupreme Court of North Carolina · 1912
- Lord v. . BeardSupreme Court of North Carolina · 1878
- Crews v. First National Bank of CharlotteSupreme Court of North Carolina · 1877
- Davis v. Federal Land BankSupreme Court of North Carolina · 1940
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