Legal Opinion

Castle v. . Threadgill

Supreme Court of North Carolina

Decided November 2, 1932PublishedCited by 8 opinions

1Opinion of the CourtClarkson, J.

It has long been the settled rule in this jurisdiction that this Court on appeal in injunction suits has the power to find and review the findings of fact in controversies of this kind. On the record it appears that as to material facts there is a serious conflict. The rule is to the effect that if plaintiff has shown probable cause or a prima facie case, or it can reasonably be seen that he will be able to make out his case at the final hearing, the injunction will be continued. It is also settled that the burden is on appellant to show error. Wentz v. Land Co., 193 N. C., 32; Really Co. v.…

2Cases cited3 opinions

  1. Love v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
  2. Wentz v. Piedmont Land Co.Supreme Court of North Carolina · 1927
  3. New Hope Realty Co. v. BarnesSupreme Court of North Carolina · 1929

3Cited by8 opinions

  1. Boone v. . BooneSupreme Court of North Carolina · 1940
  2. Huskins v. Yancey HospitalSupreme Court of North Carolina · 1953
  3. Little Pep Delmonico Restaurant, Inc. v. City of CharlotteSupreme Court of North Carolina · 1960
  4. Huskins v. Yancey Hospital, Inc.Supreme Court of North Carolina · 1953
  5. First Presbyterian Church v. St. Andrews Presbyterian College, Inc.Supreme Court of North Carolina · 1961

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