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STATE EX REL. MORGAN v. DARE TO BE GREAT, INC.

No. 7210SC517.

189 S.E.2d 802 (1972)

STATE of North Carolina ex rel. Robert MORGAN, Attorney General v. DARE TO BE GREAT, INC., et al.

Court of Appeals of North Carolina.

July 12, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Staff Atty. Donald A. Davis, Raleigh, for plaintiff appellee.

Broughton, Broughton, McConnell & Boxley by Charles P. Wilkins and John D. McConnell, Jr., New York City, for de-defendants appellants.

VAUGHN, Judge.

Defendants contend that the thirteen affidavits were not admissible into evidence at the show cause hearing. This contention is based on the following wording of G.S. § 1-485(1): "When it appears by the complaint that the plaintiff is entitled to the relief demanded, . . ." We do not agree with defendants' contention that, if proceeding under G.S. § 1-485(1) for a preliminary injunction, the court is limited to what appears in the complaint...

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