Proctor v. Carolina Fertilizer & Phosphate Works
Supreme Court of North Carolina
Appeal by Jesse Fussell from Pitt, beard by Lyon, J., at Beaufort, II August, 1921, from a continuance of restraining order to tbe bearing. Tbis action was begun originally against tbe Carolina Fertilizer and Pbospbate Company and tbe Bank of Grimesland to restrain tbe payment by tbe Bank of Grimesland of certain money deposited therein, and for wbicb a time certificate bad been issued.
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Appeal by Jesse Fussell from Pitt, beard by Lyon, J., at Beaufort, II August, 1921, from a continuance of restraining order to tbe bearing. Tbis action was begun originally against tbe Carolina Fertilizer and Pbospbate Company and tbe Bank of Grimesland to restrain tbe payment by tbe Bank of Grimesland of certain money deposited therein, and for wbicb a time certificate bad been issued. Later, tbe Bank of Rose Hill and Jesse Fussell were made parties defendant in tbe restraining order issued in said proceedings wbicb were beard before Lyon, J., II August, 1921, at Beaufort, wbo continued tbe…
1Opinion of the CourtClark, C. J.
From an inspection of tbe pleadings, affidavits, and orders it appears tbat there were serious controverted questions for tbe jury to decide at tbe final bearing upon tbe allegations and evidence tending to show deceit and fraud. In such case tbe usual rule is tbat when, as here, tbe injunction is tbe main relief demanded, it will be continued to tbe bearing in order tbat tbe truth of tbe matters in controversy can be ascertained, and justice more certainly and fully administered, especially where serious questions are raised and it is neces sary for tbe plaintiff’s protection tbat matters be…
2Cases cited6 opinions
- Hyatt v. Dehart.Supreme Court of North Carolina · 1905
- Manufacturing Co. v. . SummersSupreme Court of North Carolina · 1906
- Tise v. . Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- Seip v. . WrightSupreme Court of North Carolina · 1917
- Yount v. . SetzerSupreme Court of North Carolina · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gaines v. Long Manufacturing Co.Supreme Court of North Carolina · 1951
- Hamlet Hospital v. Joint Committee on StandardizationSupreme Court of North Carolina · 1952
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Springs v. Atlantic Refining Co.Supreme Court of North Carolina · 1933
- Smith v. Bank of PinehurstSupreme Court of North Carolina · 1943
4 more not listed; retrieve them via the Exa API.