Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.
Supreme Court of North Carolina
Civil aotioN, heard before Starbuck, J., and a jury, at Spring Term, 1895, of Chatham Superior Court, on a motion to assess damages resulting to tbe defendant from the issuing of a restraining order. The plaintiff resisted the motion upon the ground stated in the opinion of Associate Justice Montgomery. The motion was granted and the damages were assessed by the jury. Erom the judgment thereon plaintiff appealed.
1Opinion of the Court
Montgomery, J.:
During the trial of the case in the court below his Honor intimated that the plaintiffs were not entitled to recover. Whereupon they submitted to a non-suit and appealed to this court, where the judgment was affirmed. Hpon certification having been made of the transcript of judgment to the Superior Court, the defendants moved against the plaintiffs and their sureties to the restraining bond, which they had executed and filed in the cause, to have their (defendants’) damages which they alleged they had sustained by reason of the issuing of the restraining order. The plaintiffs…
2Cases cited2 opinions
- Crawford v. . PearsonSupreme Court of North Carolina · 1895
- Thompson v. . McNairSupreme Court of North Carolina · 1870
3Cited by8 opinions
- Davenport v. . Board of EducationSupreme Court of North Carolina · 1922
- M. Blatt Company v. SouthwellSupreme Court of North Carolina · 1963
- Nansemond Timber Co. v. RountreeSupreme Court of North Carolina · 1898
- Powers v. Fidelity & Deposit Co.Superior Court of Delaware · 1945
- McCall v. Webb.Supreme Court of North Carolina · 1904
3 more not listed; retrieve them via the Exa API.