McRae v. . Commissioners of New Hanover

74 N.C. 415

Opinion

EyNüm, J.

There is error. Judge Seymoue granted the restraining order, requiring a bond of $5,000 for the indemnity of the defendants. The restraining order was afterwards vacated by Judge McKay, and the plaintiffs appealed to the Supremo Court, from the vacating order, gave the appeal bond, and the case -was stated and signed by the counsel of both parties. Some two weeks after this, an affidavit was tiled by one of the commissioners, stating no new facts, and not alleging the insufficiency of the bond. Upon a motion founded on that affidavit, Judge HeNey then holding court in Judge McKay’s district, required the plaintiffs to file an additional bond for $10,000. When the appeal was perfected, the Judge below had no farther jurisdiction. Certainly the plaintiffs could not thus be deprived of the benefit of an appeal perfected, and an injunction obtained.

Pee Cubiam. Judgment reversed.