Lowe v. Board of Commissioners

70 N.C. 532

• Court: Supreme Court of North Carolina
• Decided: January 5, 1874
• Status: Published

Opinion

Bysum, J.

The injunctive relief, sought in this action, is not auxiliary to another and main relief, but is the main relief itself, and the object of the action, therefore, the dissolution of the injunction would be equivalent to a dismissal of the action. In such cases where a reasonable doubt exists in the mind of the Court, whether the equity of the complaint is sufficiently negatived by the answer, the Court will not dissolve the injunction, but continue to the hearing. Much must depend upon the sound discretion of the Court to whom the question of dissolution is preferred. James v. Lemley, 2 Ired. Eq. 278; Miller v. Washburne, 3 Ired. Eq. 161. In this case the answer does not remove such reasonable doubt, created by the complaint and affidavit, without which removal, according to the principles of this Court, the injunction ought not to be dissolved before the hearing. The novel and important questions raised by the pleadings and ably discussed before ns, do not come up for decision now.

Per CueiaM. Judgment affirmed.