Legal Opinion

Hutchins v. Stanton

Court of Appeals of North Carolina

Decided November 6, 1974No. 7415DC653PublishedCited by 6 opinions

1Opinion of the Court

MORRIS, Judge.

Defendants except to several of the trial judge’s findings of fact and conclusions of law and contend that entry of the order appealed from constitutes error. We find merit in these contentions.

There is absolutely no evidence in the record to support some of the findings of the trial judge. Moreover even without reference to the findings of fact made by the trial judge, the order entered must be vacated.

“The primary purpose of a temporary restraining order is usually to meet an emergency when it appears that any delay would materially affect the rights of a plaintiff.” Register…

2Cases cited3 opinions

  1. Phyllis Lynch v. Frank W. SneppCourt of Appeals for the Fourth Circuit · 1973
  2. Seaboard Air Line Railroad v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1953
  3. Register v. GriffinCourt of Appeals of North Carolina · 1969

3Cited by6 opinions

  1. Revelle v. ChambleeCourt of Appeals of North Carolina · 2005
  2. Beau Rivage Homeowners Ass'n v. Billy Earl, L.L.C.Court of Appeals of North Carolina · 2004
  3. Long Prairie Packing Co. v. United National BankSouth Dakota Supreme Court · 1983
  4. Wilson v. SunTrust BankCourt of Appeals of North Carolina · 2017
  5. Coleman v. ColemanNorth Carolina Business Court · 2015

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