Opinion · Supreme Court of North Carolina

McRae v. . Commissioners of New Hanover

McRae v. . Comm’rs of New Hanover, 74 N.C. 415 (N.C. 1876)

Type: Opinion
Court: Supreme Court of North Carolina
Jurisdiction: North Carolina
Date: 1876-01-05
Topic: general

EyNüm, J. There is error. Judge Seymoue granted the restraining order, requiring a bond of $5,000 for the indemnity of the defendants. The restraining order was afterwards vacated by Judge McKay, and the plaintiffs appealed to the Supremo Court, from the vacating order, gave the appeal bond, and the case -was stated and signed by the counsel of both parties. Some two weeks after this, an affidavit was tiled by one of the commissioners, stating no new facts, and not alleging the insufficiency of the bond.

Citator

UpLaw has not yet analyzed McRae v. . Commissioners of New Hanover. The absence of a flag is not a finding that it is good law.

Cited by: 5 opinions

McRAEv. COMMISSIONERS OF NEW HANOVER,74 N.C. 415(1876)

JOHN McRAE AND WILLIAM FRENCH IN BEHALF OF THEMSELVES AND OTHERS v. THE

BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY.

Supreme Court of North Carolina

January Term, 1876.

When an appeal from the Superior Court is perfected, the Judge below has no further jurisdiction of the matter.

This was a MOTION in the cause heard beforeHenry, J., at Chambers in NEW HANOVER County, on the ___ day of December, 1875.

The defendants moved the court to increase the amount of a bond for an injunction theretofore granted.

The motion was allowed, and the plaintiffs appealed.

(416) All the facts necessary to an understanding of the case as decided, are stated in the opinion of the court.

M. London and A. T. J. London, for the appellants.Russell and W. S. D. J. Devane, contra.

BYNUM, J.

There is error.Judge Seymourgranted the restraining order, requiring a bond of $5,000 for the indemnity of the defendants. The restraining order was afterwards vacated byJudge McKay, and the plaintiffs appealed to the Supreme Court, from the vacating order.Page 317gave the appeal bond, and the case was stated and signed by the counsel of both parties. Some two weeks after this, an affidavit was filed by one of the commissioners, stating no new facts, and not alleging the insufficiency of the bond. Upon a motion founded on that affidavit,Judge Henrythen holding court inJudge McKay'sdistrict, required the plaintiffs to file an additional bond for $10,000. When the appeal was perfected, the Judge below had no further jurisdiction. Certainly the plaintiffs could not thus be deprived of the benefit of an appeal perfected, and an injunction obtained.

PER CURIAM. Judgment reversed.Cited: Wilson v. Seagle,84 N.C. 112;Pasour v. Lineberger,90 N.C. 161;Green v. Griffin,95 N.C. 52;Pruett v. Power Co.,167 N.C. 599;Bohannon v. Trust Co.,198 N.C. 703.