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LANCE v. COGDILL

No. 171.

78 S.E.2d 319 (1953)

238 N.C. 500

LANCE v. COGDILL.

Supreme Court of North Carolina.

November 4, 1953.

Attorney(s) appearing for the Case

Monroe M. Redden and Monroe M. Redden, Jr., Hendersonville, N. C., for plaintiff, appellant.

Harkins, Van Winkle, Walton & Buck, Asheville, for defendant, appellee.

DENNY, Justice.

The court below found no facts and it does not appear that it was requested to do so. Therefore, the ground upon which it exercised its discretionary power to dissolve the temporary restraining order is not disclosed.

Ordinarily, a temporary restraining order will be continued to the hearing if there is "probable cause for supposing that the plaintiff will be able to maintain his primary equity, and there is a reasonable apprehension of irreparable...

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