Mayfield v. Hawkins, 1 N.C. 27, 1 Mart. 27 (1789)

April 1789 · North Carolina Superior Court
1 N.C. 27, 1 Mart. 27

Halifax,

April Term, 1789.

MAYFIELD versus HAWKINS,

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 these was a plea in abatement, and on argument the court ordered the plea to be overruled.

Ashe, J. William, J.

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.