Jolliff v. Winslow

BROCK, Chief Judge.

By way of five assignments of error, defendant essentially advances two arguments: first, that G.S. 1A-1, Rule 65(b) of the North Carolina Rules of Civil Procedure violates the equal protection and due process clauses of the State and Federal Constitutions, and, second, that G.S. 1-485, authorizing preliminary injunctions, is unconstitutional because it too violates those provisions of the State and Federal Constitutions.

Rule 65(b) of the North Carolina Rules of Civil Procedure permits the issuance of temporary restraining orders “without notice to the adverse party if it…