Moore v. Cooper Monument Co.

81 S.E. 170, 166 N.C. 211, 1914 N.C. LEXIS 369

Opinion

Pee CubiaM.

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.