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64 N.C. 463

Smith v. . Dewey

Supreme Court of North Carolina

Decided June 5, 1870

Supreme Court of North Carolina · decided 1870-06-05

Motion, to vacate an injunction, overruled by Camion, Ji, at Chambers for Haywood, June 18th 1870.

Decided 1870-06-05

Peabson, C. J.

¶1 Had the plaintiff been able to procure notes of the bank, and pleaded by way of set off, an interesting question wordd have been presented. But the question made by the facts set out in the complaint, is too plain for discussion. The plaintiff’s case does not come within the meaning or the words of the statute, by the most latitudinous *464 construction, to say nothing of the bankrupt law, or the rule, “ good matter must be pleaded in due form, apt time and proper order.”

¶2 The order below is reversed, and the injunction vacated.

¶3 Per Curiam. Eeversed.

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