Thompson v. . McNair
Supreme Court of North Carolina
Exceptions, to a report in Equity, tried before Buxton, J., at July Special Term 1869, of Bobeson Court. The plaintiff had brought au action of Trespass, Q O. E., against the defendants, for injury to certain turpentine lands, and in order to preserve the property during the pending of such suit, had also obtained an injunction against them.
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Exceptions, to a report in Equity, tried before Buxton, J., at July Special Term 1869, of Bobeson Court. The plaintiff had brought au action of Trespass, Q O. E., against the defendants, for injury to certain turpentine lands, and in order to preserve the property during the pending of such suit, had also obtained an injunction against them. At Spring Term 1867, the injunction was dissolved because the plaintiff had failed to show that the defendants were insolvent, and upon application by the defendants, an order of reference was made to ascertain the damages sustained by the defendants, by…
1Opinion of the Court
Pearson, 0. J.
Falls v. McAffee, 2 Ire. 236, is decissive of this case. It cannot be known judicially that the injunction was wrongfully sued out, until the action at law is disposed of. Suppose the defendant should he allowed to have judgment in this proceeding, on the ground that there was not probable cause, and afterwards the action at law be decided in favor of the plaintiff, he would be entitled to recover back the very damages that the defendant now seeks to recover, and the record of the Court would be inconsistent and contradictory.
An injunction in aid of an action at law, to preserve…
2Cited by3 opinions
- Crawford v. . PearsonSupreme Court of North Carolina · 1895
- Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.Supreme Court of North Carolina · 1895
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884