City National Bank v. Bridgers
Supreme Court of North Carolina
At? August Term, 1893, of NokthaMutoN Superior Court, liits Honor Bynum, J., upon the failure of the trustee to give the bond required, appointed a receiver to take charge of the assigned estate pending an action to set aside the deed for fraud. From this order the defendants appealed.
1Opinion of the Court
MacUae, 1.:
The complaint and answer are used as affidavits in the case on the application for-an injunction and receiver. It -was not necessary that the Judge below should “find the facts” further than to examine the affidavits and determine whether sufficient cause was shown for the ancillary relief sought pending the action. In proceedings of the present nature this Court in the exercise of its equitable jurisdiction is required to pass upon the facts as well as the law. Jones v. Boyd, 80 N. C., 258. A serious controversy exists between the parties to this action, involving the bona Jules…
2Cases cited1 opinion
- Jones v. . BoydSupreme Court of North Carolina · 1879
3Cited by2 opinions
- Kelly v. . McLambSupreme Court of North Carolina · 1921
- Pearce Brothers & Co. v. ElwellSupreme Court of North Carolina · 1895