Galloway v. . Stone
Supreme Court of North Carolina
Galloway v. . Stone, 182 S.E. 333 (N.C. 1935)
208 N.C. 739; 1935 N.C. LEXIS 116
Devin
Galloway v. . Stone
Opinion of the Court
The only question presented by this appeal is whether a permanent injunction was proper. Defendants concede that the facts found by the court below are sufficient to justify a continuance to the hearing, but they maintain they are entitled to a day in court to determine in some proper way the issues raised by the pleadings; and in this we concur.
A j>ermanent or perpetual injunction issues as a final judgment which settles the rights of the parties, after the determination of all issues raised. McIntosh N. C. Prac. & Proc., secs. 848, 849; Abernethy v. Burns, 206 N. C., 370.
This disposition of the appeal renders unnecessary a discussion of the other questions presented on the argument and by brief.
Error and remanded.
Reference
- Full Case Name
- G. G. GALLOWAY and Wife, Et Al., v. I. D. STONE and C. L. SMITH
- Cited By
- 7 cases
- Status
- Published