Attorney(s) appearing for the Case
Fate J. Beal and Dickson Whisnant, Lenoir, for plaintiff appellees.
Wilson, Palmer & Simmons, Lenoir, for defendant appellant.
Supreme Court of North Carolina.
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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