Avery v. . Brunce

Superior Court of North Carolina

Avery v. . Brunce

2 N.C. 372

DecidedSeptember 5, 1796

StatusPublished

This text of 2 N.C. 372 (Avery v. . Brunce) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Avery v. . Brunce, 2 N.C. 372 (N.C. Ct. App. 1796).

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Opinion

The rule is, where an injunction hath been obtained, and dissolved on hearing the answer of the defendant, and the plaintiff retains the bill, if he takes no steps towards preparing his cause for hearing in two terms after, the bill shall be dismissed for want of prosecution. In the present case, two terms have intervened since the dissolution of the injunction, and the complainant hath taken no steps by referring the cause, taking depositions, or otherwise, and therefore must be dismissed.

It was dismissed accordingly.

See Anonymous, ante, 162; Anonymous, post, 451; Dawson v. __________3 N.C. 296.

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The rule is, where an injunction hath been obtained, and dissolved on hearing the answer of the defendant, and the plaintiff retains the bill, if he takes no steps towards preparing his cause for hearing in two terms after, the bill shall be dismissed for want of prosecution. In the present case, two terms have intervened since the dissolution of the injunction, and the complainant hath taken no steps by referring the cause, taking depositions, or otherwise, and therefore must be dismissed.

It was dismissed accordingly.

See Anonymous, ante, 162; Anonymous, post, 451; Dawson v. __________3 N.C. 296.

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Bluebook (online)

2 N.C. 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-v-brunce-ncsuperct-1796.