Legal Opinion

Brothers v. . Harrill

Supreme Court of North Carolina

Decided December 5, 1855PublishedCited by 4 opinions

1Opinion of the Court

The facts of the case sufficiently appear from the opinion of the Court. The distinction between an "ordinary injunction" to stay an execution upon a judgment at Law, and a "special injunction" to prevent irreparable injury, is settled.

In our case, the defendant has established his title to the slaves by a judgment at Law, and the plaintiff seeks to stay execution upon an alleged equity; there is no suggestion of irreparable injury, and the question now before us is, shall the legal owner be allowed to take possession of his slaves, or must he be required to permit them to remain in the…

Also in this document: Per curiam.

2Cases cited2 opinions

  1. Lloyd v. . HeathSupreme Court of North Carolina · 1852
  2. Reed v. . KinnamanSupreme Court of North Carolina · 1851

3Cited by4 opinions

  1. McGehee v. . McGeheeSupreme Court of North Carolina · 1925
  2. Leak v. . ArmfieldSupreme Court of North Carolina · 1924
  3. Griffin v. . GriffinSupreme Court of North Carolina · 1926
  4. L. Harvey & Son Co. v. TullSupreme Court of North Carolina · 1926

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