108 N.C. 129
12 S.E 906
Supreme Court of North Carolina
Decided February 5, 1891
Supreme Court of North Carolina · decided 1891-02-05
This was a Motion to continue a restraining order in an action pending in Pasquotank Superior Court, heard at Chambers, in Washington, N 0., on June 18th, 1889, before Brown, J. An affidavit (supported by certified copy of issues, etc.) was filed in this Court, to the effect that a judgment had been rendered in this case against the plaintiff upon issues found by a jury, and that no appeal was taken, and the trial was had since the order made in the injunction proceeding.
Cited by 2 later decisions — most recently April 1914
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1891-02-05
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¶1 It appears from a transcript from the Court-below, that since the issuing of this injunction, all of the-issues have been tried and found against the appellant, and that a judgment accordingly has been rendered, finally disposing of the action. It thus appears that the appellant had no ground whatever for suing out the injunction, and there-being only the costs involved, it is adjudicated that the appeal be dismissed.
¶2 Dismissed.