Shute v. . Shute
Supreme Court of North Carolina
Appeal by plaintiff from McMroy, J., at August Term, 1920, of UNION. The defendant in this action heretofore instituted an action against the plaintiff herein to restrain him' from the erection of a gin stand by reason of a written agreement which the court held invalid because in restraint of trade. Shute v. Shute, 176 N. 0., 462. Tbe restraining order was dissolved.
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Appeal by plaintiff from McMroy, J., at August Term, 1920, of UNION. The defendant in this action heretofore instituted an action against the plaintiff herein to restrain him' from the erection of a gin stand by reason of a written agreement which the court held invalid because in restraint of trade. Shute v. Shute, 176 N. 0., 462. Tbe restraining order was dissolved. In tliat case this plaintiff, who was then defendant, set np by way of counterclaim his demand for damages for the wrongful procurement of the restraining order by J. E. Shute, the plaintiff in that action, but as his injunction…
1Opinion of the CourtGlare, C. J.
The defendant relies upon Eev., 817, C. S., 854, which requires a bond to secure the payment “of such damages as the defendant may sustain by reason of the injunction and Rev., 818, C. S., 855, that upon judgment dissolving an injunction, the plaintiff may recover damages caused by the suing out thereof “without the requirement of malice or want of probable cause in procuring the injunction, which damages may be ascertained by reference or otherwise, as the judge shall direct, and the decision of the court shall be conclusive as to the amount of •damages upon all persons who have an interest…
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