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FIRST PRESBYTERIAN CH. v. ST. ANDREWS PRESBY. COLLEGE

No. 460.

119 S.E.2d 867 (1961)

254 N.C. 717

FIRST PRESBYTERIAN CHURCH OF RALEIGH, North Carolina, and Board of Managers of Peace College, v. ST. ANDREWS PRESBYTERIAN COLLEGE, INC.

Supreme Court of North Carolina.

May 24, 1961.

Attorney(s) appearing for the Case

Malcolm B. Seawell and Edward B. Hipp, Raleigh, for plaintiffs appellees.

Smith, Leach, Anderson & Dorsett, Raleigh, for defendant appellant.

RODMAN, Justice.

The questions for decision are these: (1) Was there error in granting the restraining order? (2) Was there error in denying the motions with respect to parties?

The law applicable to a decision of the first question was stated by the Supreme Court of the United States in Ohio Oil Company v. Conway, Supervisor, 279 U.S. 813, 49 S.Ct. 256, 73 L.Ed. 972, in this language: "Where the questions presented by an application for an interlocutory injunction...

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