Lane v. Brown, 3 N.C. 215, 2 Hayw. 215 (1802)

July 1802 · North Carolina Superior Court
3 N.C. 215, 2 Hayw. 215

Lane vs. Brown.

TAYLOR, Judge.

Upon the dissolution of an injunction, it is of course to retain the money in the office, if affidavit be made, stating circumstances which render it doubtful .whether the same may be recovered out of the estate of the defendant, should the dectee be against him, unless, he will give security for its forthcoming on such an event.

Accordingly in this case an affidavit was made to that effect; and Taylor, after very many censures upon the drawer of the affidavit for its prolixity, ordered the money to be retained until security given.