Opinion · Nclaw North Carolina

DUNKART v. HENRY, 87 N.C. 228 (1882)

87 N.C. 228

Type: Opinion
Court: Nclaw North Carolina
Jurisdiction: Nclaw
Date: 1882-01-01
Topic: general

DUNKART v. HENRY, 87 N.C. 228 (1882) HENRY DUNKART v. JOHN A. HENRY AND ANOTHER.Supreme Court of North Carolina (October Term, 1882.) (For syllabus, see preceding case.) MOTION for injunction heard at Chambers in Asheville on the 14th of March, 1882, (in an action pending in HAYWOOD Superior Court) beforeGilliam, J. The motion was denied and the plaintiff appealed.

Citator

UpLaw has not yet analyzed DUNKART v. HENRY, 87 N.C. 228 (1882). The absence of a flag is not a finding that it is good law.

DUNKARTv. HENRY,87 N.C. 228(1882)

HENRY DUNKART v. JOHN A. HENRY AND ANOTHER.

Supreme Court of North Carolina

(October Term, 1882.)

(For syllabus, see preceding case.)

MOTION for injunction heard at Chambers in Asheville on the 14th of March, 1882, (in an action pending in HAYWOOD Superior Court) beforeGilliam, J.Page 187

The motion was denied and the plaintiff appealed.

Mr. J. H. Merrimon, for plaintiff. (229)No counsel for defendant.

ASHE, J.

The facts of this case are very similar to those inDunkart v. Rinehart,ante, 224. The difference in the state of facts is not sufficiently material as to effect the application of the doctrine announced in that case; and our opinion is, the principle there enunciated governs this case, and there is therefore no error in the denial by his Honor of the motion of the plaintiff.

Let this be certified to the superior court of Haywood County where the cause is pending.

No error. Affirmed.