Legal Opinion

Taylor v. . Russell

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 10 opinions

Civil actioN, pending in Beaufort Superior Court, for an injunction and the appointment of a receiver, etc., and beard before Boykin, J., at Chambers, in Washington, N. C., at May Term, 1 895, of Beaufort Superior Court. His Honor continued the restraining order theretofore granted by Brown, J., and ordered an account, and appointed a receiver, and defendant appealed. The facts appear in the opinion of Associate Justice Furches.

1Opinion of the Court

Eurohes, J.:

This action is before us by appeal of the defendants from an order of the court below granting an injunction and appointing a receiver. And as the appeal is from an interlocutory order based upon affidavits, it becomes our duty to consider only such matter as will enable us to determine whether the order appealed from should be continued till the final hearing, and to leave as many of the disputed and litigated questions undisposed of as we can until the final hearing.

It appears from the affidavits of both parties that there was a partnership entered into to do a milling and…

2Cases cited2 opinions

  1. Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
  2. Phillips v. TrezevantSupreme Court of North Carolina · 1872

3Cited by10 opinions

  1. Hall v. Misenheimer.Supreme Court of North Carolina · 1904
  2. Brown v. GrayWest Virginia Supreme Court · 1911
  3. Bank v. . GilmerSupreme Court of North Carolina · 1895
  4. Harty v. Harris & KeeslerSupreme Court of North Carolina · 1897
  5. McNeill v. . FullerSupreme Court of North Carolina · 1897

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