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88 N.C. 13

Trexler v. . Newsom

Supreme Court of North Carolina

Decided February 5, 1883

Supreme Court of North Carolina · decided 1883-02-05

MotioN to dissolve an injunction, in an action pending in Rowan Superior Court, heard at Chambers in Lexington on the 15th of March, 1883, before Craves, J. In 1875 the defendants obtained two judgments against the plaintiffs before a justice of the peace, one for the sum of $73.49 and costs, upon a claim assigned to them by J. & D. Trexler, and the other for the sum of $39.45 and costs, upon a claim assigned to them by one Hodge.

Decided 1883-02-05

Ruffin, J.

¶1 Besides the express provision of the statute (C. C. P., § 190) that an injunction can only be granted at the commencement of the action, or sometime thereafter, there are several adjudications directly in point and fully sustaining the ruling of the judge. Patrick v. Joyner, 63 N. C., 573; McArthur v. McEachin, 64 N. C., 72; Hirsh v. Whitehead, 65 N. C., 516.

¶2 There are several reasons why we cannot adopt the suggestion of counsel and treat this proceeding as a motion in the cause, and amongst them the insuperable one growing out of the fact that there are two judgments, and therefore two distinct causes pending and but one proceeding, and we cannot tell to which it should be applied.

¶3*15 In the opinion of this court the injunction was properly refused, and the judgment is therefore affirmed.

¶4 No Error'. Affirmed.

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