Wallace v. . Salisbury
Supreme Court of North Carolina
Civil aotioN, appeal from order of Lyon, J., made at chambers in WilsoN, 4 February, 1908, dissolving a restraining order of plaintiffs. Plaintiffs appealed.
1Opinion of the CourtClauK, C. J.
The motion to dismiss because there is no case on appeal must be denied, even in appeals in which there should be a case on appeal. Non constat, but there may be errors on the face of the record proper; hence the proper motion is to affirm the judgment below, and, if this motion is not made, it is the duty of the court, ex mero motu, to inspect the record proper for such errors. Hicks v. Westbrook, 121 N. C., 131; Barrus v. Railroad, ib., 505, and very numerous other cases collected in Clark’s Code (3d Ed.), pp. 769, 770.
But, indeed, on appeal from an order granting or refusing an injunction,…
2Cases cited4 opinions
- Chamblee v. . BakerSupreme Court of North Carolina · 1886
- S. B. Luttrell & Co. v. MartinSupreme Court of North Carolina · 1893
- Hicks v. . WestbrookSupreme Court of North Carolina · 1897
- Cape Fear & Northern Railroad v. StewartSupreme Court of North Carolina · 1903
3Cited by26 opinions
- Dixon v. . OsborneSupreme Court of North Carolina · 1931
- In Re Will of BeardSupreme Court of North Carolina · 1932
- S. B. Parker Co. v. Commercial National BankSupreme Court of North Carolina · 1931
- Fidelity & Casualty Co. v. GreenSupreme Court of North Carolina · 1931
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
21 more not listed; retrieve them via the Exa API.