Moore v. Cooper Monument Co.
This text of 81 S.E. 170 (Moore v. Cooper Monument Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
As the monument has been erected, the Court will not entertain an appeal to determine the correctness of the ruling dissolving the restraining order. Harrison v. New Bern, 148 N. C., 315; Pickler v. Board of Education, 149 N. C., 221; Wallace v. Wilkesboro, 151 N. C., 614.
We think, however, there is error in dismissing the action and entering final judgment at the hearing in Columbus County.
The merits of the action were not before the court, and the sufficiency of the complaint could only be considered in determining the right to the restraining order.
The final judgment, except when hearings are elsewhere by consent, should be rendered in the county where the action is pending and in term. Hamilton v. Icard, 112 N. C., 589.
Modified and affirmed. The plaintiffs will pay the costs.
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Cite This Page — Counsel Stack
81 S.E. 170, 166 N.C. 211, 1914 N.C. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-cooper-monument-co-nc-1914.