Gower v. Town of Clayton

On this record writ of assistance will not issue.

“The writ of assistance, in its ordinary acceptance, is one issuing from a court having general equitable jurisdiction for the enforcement of decrees or orders conferring a right to the present possession or enjoyment of property. It usually issues on motion after notice duly served, when the right thereto is clear, and, as a rule, only against parties or persons bound by the terms of the decree,” Hoke, J., in Clarke v. Aldridge, 162 N. C., 326, 78 S. E., 216. Knight v. Houghtalling, 94 N. C., 408; Coor v. Smith, 107 N. C., 430, 11 S. E., 1089;…