Galloway v. . Stone

182 S.E. 333, 208 N.C. 739, 1935 N.C. LEXIS 116

• Court: Supreme Court of North Carolina
• Decided: November 20, 1935
• Status: Published

Opinion

Devin, J.

The only question presented by this appeal is whether a permanent injunction was proper. Defendants concede that the facts found by the court below are sufficient to justify a continuance to the hearing, but they maintain they are entitled to a day in court to determine in some proper way the issues raised by the pleadings; and in this we concur.

A j>ermanent or perpetual injunction issues as a final judgment which settles the rights of the parties, after the determination of all issues raised. McIntosh N. C. Prac. & Proc., secs. 848, 849; Abernethy v. Burns, 206 N. C., 370.

This disposition of the appeal renders unnecessary a discussion of the other questions presented on the argument and by brief.

Error and remanded.