EVANS v. MORROW

No. 528.

68 S.E.2d 258 (1951)

234 N.C. 600

EVANS v. MORROW et at.

Supreme Court of North Carolina.

December 12, 1951.


Attorney(s) appearing for the Case

Frank H. Kennedy and Marcus T. Hickman, Charlotte, for Creed C. Morrow, administrator of Creed C. Morrow, Jr., appellant.

Smathers & Carpenter and William B. Webb, all of Charlotte, for plaintiff, Joe Evans, Jr., appellee.


ERVIN, Justice.

Where a sufficient equitable ground is shown, the superior court has power as a court of equity to enjoin a citizen of this State subject to its jurisdiction from prosecuting a judicial proceeding against another citizen in another State. Wierse v. Thomas, 145 N.C. 261, 59 S.E. 58, 15 L.R.A.,N.S., 1008, 122 Am.St.Rep. 446. As a general rule, however, citizens of this State are free to go into other states to pursue such remedies and secure such relief...

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