Mauney v. Board of Commissioners
Supreme Court of North Carolina
MotioN to vacate a restraining order, heard before Buxton, J., at the Spring Term, 1874, ofMoNT&OMERir Superior Court. The defendants moved to vacate a restraining order, made at Chambers,-by his Honor, Judge Tourgee, of 7th Judicial District, on the 16th day of February, 1874. This motion, after objection, was allowed by the Court, with costs. Tbe plaintiffs thereupon moved for an injunction order, in like terms and of the same import as the distraining order just vacated.
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MotioN to vacate a restraining order, heard before Buxton, J., at the Spring Term, 1874, ofMoNT&OMERir Superior Court. The defendants moved to vacate a restraining order, made at Chambers,-by his Honor, Judge Tourgee, of 7th Judicial District, on the 16th day of February, 1874. This motion, after objection, was allowed by the Court, with costs. Tbe plaintiffs thereupon moved for an injunction order, in like terms and of the same import as the distraining order just vacated. The Court upon consideration of pleadings, proofs, &c., issued an- order restraining the defendants from collecting…
1Opinion of the CourtSettle, J.
I am of opinion with his Honor Judge Buxton, and for the reasons given by him, which I will not repeat, as the reporter will set them, that his Honor Judge Tourgee had no power to issue the restraining order mentioned in the pleadings.
But as my associates are of a different opinion, the Court holds, that the power does exist, under section 188 of the Code of Civil Procedure, and the argument of public convenience is also invoked in aid of this construction.
But practically, in this case, the exception amounts to nothing, for while an injunction by order may be made by any Judge of a Superior…
2Cases cited1 opinion
- Bear v. . CohenSupreme Court of North Carolina · 1871
3Cited by7 opinions
- Bee v. City of HuntingtonWest Virginia Supreme Court · 1933
- Cromartie v. Commissioners of BladenSupreme Court of North Carolina · 1882
- Trull and Brown v. . the Bd. of Com. of Madison Co.Supreme Court of North Carolina · 1875
- Commissioners of Currituck County v. Commissioners of Dare CountySupreme Court of North Carolina · 1878
- Bee v. City of HuntingtonWest Virginia Supreme Court · 1933
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