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STATE EX REL. JACOBS v. SHERARD

No. 778SC362.

243 S.E.2d 184 (1978)

STATE of North Carolina on relation of Donald M. JACOBS, District Attorney of the Eighth Judicial District, Plaintiff, v. Wilman E. SHERARD, single, and Lola Sherard Crawford, widow, Defendants and Third-Party Plaintiffs, v. Donald M. JACOBS, James Sasser, Robert E. Davis, David Carl Wiley, Kenneth Pennington, Donald Parker, Leroy Locklair, William Tilghman, and Bill Uzzell, Third-Party Defendants.

Court of Appeals of North Carolina.

April 18, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Jacob L. Safron, Raleigh, for defendant-appellee Jacobs.

Herbert B. Hulse, Hulse & Hulse, Goldsboro, for defendant and third party plaintiffs-appellants.

Taylor, Warren, Kerr & Walker by Robert D. Walker, Jr., Goldsboro, for third party defendants-appellees.

CLARK, Judge.

The trial court had the authority under G.S. 19-2 to issue an ex parte temporary "writ of injunction" preserving the status quo and restraining the defendants from removing or interfering with the contents of the place where the nuisance was alleged to exist.

But the trial court had no authority to issue an ex parte order directing law officers "to forthwith remove the said defendants from the possession of the said premises, ....

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