Myers v. . Daniels

Supreme Court of North Carolina

Myers v. . Daniels

59 N.C. 1

DecidedDecember 5, 1860

StatusPublished

This text of 59 N.C. 1 (Myers v. . Daniels) 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.

Bluebook

Myers v. . Daniels, 59 N.C. 1 (N.C. 1860).

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Opinion

^* This cause was decided at Morganton, but was inadvertently taken away, so that the Reporter could not get it. This is an appeal from an interlocutory order continuing an injunction until the hearing.

We have considered the bill and answer, and concur with his Honor, the Judge below, in the propriety of the interlocutory order made by him. The equity of the bill, which has not been met by the answer, rests uponSimpson v. McBee, 14 N.C. 521, and the principles laid down in Billings on Awards, 230, 231. Without deciding at this stage of the case upon the merits of this equity, we think there is enough not met by the answer to send the case to a final hearing, with the injunction in the meantime continued.

PER CURIAM. Affirmed.

(5)

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^* This cause was decided at Morganton, but was inadvertently taken away, so that the Reporter could not get it. This is an appeal from an interlocutory order continuing an injunction until the hearing.

We have considered the bill and answer, and concur with his Honor, the Judge below, in the propriety of the interlocutory order made by him. The equity of the bill, which has not been met by the answer, rests uponSimpson v. McBee, 14 N.C. 521, and the principles laid down in Billings on Awards, 230, 231. Without deciding at this stage of the case upon the merits of this equity, we think there is enough not met by the answer to send the case to a final hearing, with the injunction in the meantime continued.

PER CURIAM. Affirmed.

(5)

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Bluebook (online)

59 N.C. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-daniels-nc-1860.