SETZER v. ANNAS

No. 84.

212 S.E.2d 154 (1975)

286 N.C. 534

Joseph B. SETZER and wife, Joan Q. Setzer v. Ronnie ANNAS.

Supreme Court of North Carolina.

March 12, 1975.


Attorney(s) appearing for the Case

Fate J. Beal and Dickson Whisnant, Lenoir, for plaintiff appellees.

Wilson, Palmer & Simmons, Lenoir, for defendant appellant.


SHARP, Chief Justice:

The Court of Appeals held defendant was not deprived of any substantial right by the preliminary injunction of 19 September 1973 and therefore had no right under G.S. § 1-277 to appeal. Under G.S. § 1A-1, Rule 65, the term preliminary injunction refers to an interlocutory injunction issued after notice and hearing which restrains a party pending trial on the merits.

Ordinarily, to justify the issuance of a preliminary...

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