Sawyer v. Pasquotank County

1. Injunction — Dissolution—Damages—Judgment—Contingencies. Upon dissolution of a restraining order, liability of plaintiff and bis sureties on tbe injunction bond cannot be determined in advance of any loss or damage proven or sustained, and an adjudication thereof in certain contingencies is reversible error. 2. Appeal and Error — Trials—Issues. On tbis appeal it is beld that tbe issue submitted covers every phase of tbe controversy, and that it was answered by tbe jury under a correct charge of tbe court upon a trial without error.

ActioN to restrain the levy and collection of a tax in a special school-tax district in Pasquotank: County, upon the ground that a majority of the votes cast at the election was not in favor of the proposition. A restraining order was issued, and at the trial a verdict was returned by the jury in favor of the defendants. Judgment was rendered upon the verdict, dissolving the restraining order and directing the collection of the tax, and also adjudging the liability of the plaintiffs and their surety on the injunction bond in certain contingencies. The plaintiffs excepted and appealed.