Opinion
(Spring Riding, 1801.)
Where the answer to an injunction bill was not entirely satisfactory, the court permitted affidavits to be filed by the complainant in support of his bill, and thereupon continued the injunction.
BENTON filed his bill for an injunction, and Gibson answered; and exceptions in writing were taken to his answer, which were held good. Then he answered again, less evasively, but not to the entire satisfaction of the court; and Benton's counsel moved for leave to introduce affidavits in support of the matters alleged in the bill, and in disproof of the answer.
said he would permit affidavits to be read; and the next day they were read; and thereupon the injunction was continued.
NOTE. — See contra West v. Coke, 5 N.C. 191 ; Leroy v. Dickerson, 4 N.C. 110.