Galloway v. Stone
G. G. GALLOWAY and Wife, Et Al., v. I. D. STONE and C. L. SMITH
Opinion of the Court
Devin, J.
The only question presented by this appeal is whether a permanent injunction was proper. Defendants concede that the facts found by the court below are sufficient to justify a continuance to the hearing, but they maintain they are entitled to a day in court to determine in some proper way the issues raised by the pleadings; and in this we concur.
A j>ermanent or perpetual injunction issues as a final judgment which settles the rights of the parties, after the determination of all issues raised. McIntosh N. C. Prac. & Proc., secs. 848, 849;
Abernethy v. Burns, 206 N. C., 370 .
This disposition of the appeal renders unnecessary a discussion of the other questions presented on the argument and by brief.
Error and remanded.
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