Myers v. Daniels

Decided December 15, 1860

Supreme Court of North Carolina · decided 1860-12-15

Appeal, from an interlocutory order, made at Spring Termy 1860, of Wilkes Court of Equity. OsboRNE, J., presiding.. This was a bill filed by A. E. Myers, to vacate and set aside a judgment rendered at Fall Term, 1859, of Iredell Superior Court, and to enjoin the collection of the same.

Decided 1860-12-15

MaNly, J.

¶1This is an appeal from an interlocutory order continuing an injunction until the hearing.

¶2We have considered the bill and answer, and concur with his Honor, the Judge below, in the propriety of the interlocutory order made by him. The equity of the bill, which has not been met by the answer, rests upon .the authorities of the case of Simpson v. McBee, 3 Dev. 521, and the principles laid down in Billings on Awards, 230-31. Without deciding at this stage of the case, upon the merits of this equity, we think there is enough, not met by the answer, to send the case to a final hearing, with the injunction, in the mean time, continued.

¶3This opinion will be certified to the Court of Equity, for „ Wilkes county, that it may proceed in the cause.

¶4Pee CubiaM, Judgment affirmed.