Miller v. . Parker .
Supreme Court of North Carolina
PetitioN for an injunction, tried before Eure, J., at Chambers in Peequimans county, April loth, 1875. \ The plaintiff instituted an action against the defendants upon ¡certain notes secured by deeds in trust, and moved the Court for an order restraining the defendants from selling the real estate conveyed by the trust deeds, under a prior deed in trust, until the equities of the several parties might be adjudged.
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PetitioN for an injunction, tried before Eure, J., at Chambers in Peequimans county, April loth, 1875. \ The plaintiff instituted an action against the defendants upon ¡certain notes secured by deeds in trust, and moved the Court for an order restraining the defendants from selling the real estate conveyed by the trust deeds, under a prior deed in trust, until the equities of the several parties might be adjudged. As the case was decided in this Court upon a rule of practice it is unnecessary to state the facts further than set forth in the opinion of the Court.
1Opinion of the Court
ByNüM, J.
The case is here on the appeal of the defendant from the order of the Court below, granting an injunction to the hearing.
The objection is raised that the order of injunction was irregularly made because no undertaking was required by the Court or given by the plaintiff preliminary to the order; and for that irregularity a motion is n,ow made by the defendants to vacate the order of injunction.
The objection is well taken and in apt time. The statute, C. O. P., section 192, is peremptory: “ Upon granting an order for an injunction the Judge shall require, as a condition precedent to…
2Cases cited3 opinions
- Webb Cash'r v. . BoyleSupreme Court of North Carolina · 1869
- Hirsh v. J. D. Whitehead & Co.Supreme Court of North Carolina · 1871
- Richards v. . SchlegelmichSupreme Court of North Carolina · 1871
3Cited by5 opinions
- Young v. . RollinsSupreme Court of North Carolina · 1884
- McKay v. . ChapinSupreme Court of North Carolina · 1897
- James v. . WithersSupreme Court of North Carolina · 1894
- Wilson v. . FeatherstoneSupreme Court of North Carolina · 1897
- Wodehouse v. Hawaiian Trust Co.Hawaii Supreme Court · 1933