Perry v. . Tupper
Supreme Court of North Carolina
This is a branch of the preceding case, demanding the same’ relief heard upon the application for an injunction by his Honor, Judge Watts, at Chambers, on the 9th April, 1874, in-Wake county. The facts of this case are those of the preceding. When the application for the injunction was first made, as stated in thati case, his Honor refused to grant it; and from- this refusal, the-plaintiffs appealed.
1Opinion of the CourtReade, J.
This is a branch of a case between the same parties at this term. In that case the Judge granted an injunction and the defendant appealed. In this case the plaintiff appealed from the refusal of the Judge to grant a restraining order at an earlier stage of the case.
We think his Honor was right in x'efusing the restraining oi’der. Our reasons for this opinion will be found in the other bi’anch of the case at this term.
Where a party has been put out of possession of land by an abuse of the process of the law, there must be restitution as a matter of course, unless some new matter has intervened…
2Cited by2 opinions
- Lytle v. . LytleSupreme Court of North Carolina · 1886
- Robinson Ex Rel. McDowell v. McDowellSupreme Court of North Carolina · 1899