Setzer v. Annas

SHARP, Chief Justice.

The Court of Appeals held defendant was not deprived of any substantial right by the preliminary injunction of 19 Sep tember 1973 and therefore had no right under G.S. 1-277 to appeal. Under G.S. 1A-1, Rule 65, the term 'preliminary injunction refers to an interlocutory injunction issued after notice and hearing which restrains a party pending trial on the merits.

Ordinarily, to justify the issuance of a preliminary injunction it must be made to appear (1) there is probable cause that plaintiff will be able to establish the right he asserts, and (2) there is reasonable…