Legal Opinion

Puett v. Gaston County

Court of Appeals of North Carolina

Decided August 22, 1973No. 7327SC380PublishedCited by 1 opinion

1Opinion of the Court

HEDRICK, Judge.

In reviewing on appeal an order granting or continuing a preliminary injunction in effect pending a final determination in a case, the presumption is indulged that the judgment of the trial court is correct and the burden is upon the appellants to assign and show error. Register v. Griffin, 6 N.C. App. 572, 170 S.E. 2d 520 (1969).

To justify a continuation of a preliminary injunction until the final hearing, ordinarily it must appear that there is probable cause the plaintiff will be able to establish his asserted right at the final hearing. Cablevision v. Winston-Salem, 3 N.C.…

2Cases cited5 opinions

  1. Malcom v. WebbSupreme Court of Georgia · 1955
  2. Hughes v. Commissioners of Craven CountySupreme Court of North Carolina · 1890
  3. Gooch v. . GregorySupreme Court of North Carolina · 1871
  4. Register v. GriffinCourt of Appeals of North Carolina · 1969
  5. Cablevision of Winston-Salem, Inc. v. City of Winston-SalemCourt of Appeals of North Carolina · 1968

3Cited by1 opinion

  1. Schultz and Assoc. v. IngramCourt of Appeals of North Carolina · 1978

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