From Casetext: Smarter Legal Research

Troutman v. Shuford

Supreme Court of North Carolina
Apr 1, 1934
174 S.E. 230 (N.C. 1934)

Opinion

(Filed 11 April, 1934.)

APPEAL by plaintiffs from Warlick, J., at 25 November Term, 1933, of CATAWBA. Reversed.

Louis A. Whitener for plaintiffs.

M. H. Yount for defendants.


This is an action for injunctive relief brought by plaintiffs against defendants. A temporary restraining order was issued by the judge below and at the hearing, the court below dissolved the restraining order. In this, we think there was error.

In Seip v. Wright, 173 N.C. 14 ( 15-16), is the following: "Where it will not harm the defendant to continue the injunction, and may cause great injury to the plaintiff, if it is dissolved, the court generally will restrain the party until the hearing. McCorkle v. Brem, 76 N.C. 407; where serious questions were raised, Harrington v. Rawls, 131 N.C. 40; or where reasonably necessary to protect plaintiff's rights, Heiling v. Stokes, 63 N.C. 612. . . . On a similar question, in Hyatt v. DeHart, 140 N.C. 270, the Chief Justice said: `Ordinarily, the findings of fact by the judge below are conclusive on appeal. While this is not true as to injunction cases, in which we look into and review the evidence on appeal, still there is the presumption always that the judgment and proceedings below are correct, and the burden is upon the appellant to assign and show error.' "

We think on the whole record, the restraining order should not have been dissolved. Woltz v. Safe Deposit Co., ante, 239; Whitaker v. Chase, ante, 335. The judgment of the court below is

Reversed.


Summaries of

Troutman v. Shuford

Supreme Court of North Carolina
Apr 1, 1934
174 S.E. 230 (N.C. 1934)
Case details for

Troutman v. Shuford

Case Details

Full title:C. L. TROUTMAN AND WIFE, MYRTLE TROUTMAN, v. R. H. SHUFORD AND JOHN D…

Court:Supreme Court of North Carolina

Date published: Apr 1, 1934

Citations

174 S.E. 230 (N.C. 1934)
206 N.C. 909

Citing Cases

Seip v. Wright

The result is that there was no error in the decision of the court. Affirmed. Cited: Sanders v. Ins. Co., 183…