Lambe v. Smith

MALLARD, Chief Judge.

Defendant’s motion to dismiss this appeal on the grounds that the evidence in the record on appeal is presented in question and answer form rather than by narrative is denied. This court, in its discretion under Rule 19(d) of the Rules of Practice in the Court of Appeals, heard the appeal and considered the matter on its merits.

Under G.S. 1A-1, Rule 65(a) and (b), a distinction is made between a “temporary restraining order” and a “preliminary injunction.” The former may be issued without notice under the detailed procedural provisions set forth in Rule 65 (b), but the…