Mayfield v. Hawkins

Full title: MAYFIELD v. HAWKINS. — 1 Mart., 27

Court: Superior Court of North Carolina HALIFAX

Date published: Apr 1, 1789

1 N.C. 18 (N.C. Super. 1789)

Opinion

(April Term, 1789.)

A bill of injunction may be granted, after a former bill for the same cause has been dismissed for not having been served on the defendant in time: but there should be an affidavit of some particular hardship, and no omission on the part of the complainant.

This was a bill of injunction, granted, after a former bill of injunction for the same cause had been dismissed, for not having been served on the defendant in time; for which cause there was a plea in abatement, and on argument the Court ordered the plea to be overruled.

ASHE, J., and WILLIAMS, J., said that in future they would not allow such a bill to stand, without affidavit of some particular hardship, and that there is no omission on the part of the complainant.

But SPENCER, J., was clear that a second injunction might be granted, without any such circumstance of hardship.

(19)