Chavasse v. Jones

73 N.C. 492

• Court: Supreme Court of North Carolina
• Decided: June 15, 1875
• Status: Published

Opinion

RodmaN, J.

The only question presented to this Court is upon the appeal of defendants from the interlocutory order of the Judge enjoining the sale of the land by the defendant, J. T. Jones, on compliance by the plaintiffs with certain conditions expressed in the order. We have carefully read and considered the whole record. It appears to us that it might prejudice a future trial of the matters in issue between the parties if we should undertake to discuss the probability of the die-puted facts with the view of giving a reason for the conclusion we have come to. For that reas'on we refrain from doing so. It is impossible also to discuss any of the questions of law which were made at the bar, without assuming some ceriain state of facts. These will properly corne up for consideration upon the hearing in the Court below.

We see no error in the order appealed from. But as the time allowed by that order for the payment of the required sum by the plaintiffs, has already expired, the plaintiffs are allowed twenty days from a service on them of a copy of the order of this Court within which to make the payment. Unless the counsel for the parties can agree upon the amount required to be paid by the order of the Judge below, it will be referred to the Clerk of this Court to ascertain it, and the amount to be paid will be inserted in the order. In all other respects the order of the Judge below is affirmed. The plaintiffs will recover costs in this Court.

Judgment below modified, as above stated, and otherwise affirmed. Let this opinion be certified. The Clerk will issue a copy of the order in this case to be served on the plaintiffs and returned to the Superior Court of Granville.

Per Curiam.

Judgment accordingly.