· 12/19/1966
D & W, INC. v. City of Charlotte
Citations
- 152 S.E.2d 199
- 268 N.C. 720
- 1966 N.C. LEXIS 1301
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that affidavit from legislator was “incompetent” to prove “legislative purpose” of General Assembly in enacting legislation
- holding that a mandate from an appellate court is binding upon the trial court and “must be strictly followed without variation or departure[,]” [and] “[n]o judgment other than that directed or permitted by the appellate court may be entered”
- defining ‘reverse’ thusly: “to overthrow, vacate, set aside, make void, annul, repeal, or revoke”
- “[a] reversal, when filed in the lower court, automatically sets the lower court’s decision aside without further action by that court”
- \In our judicial system the Superior Court is a court subordinate to the Supreme Court. Upon appeal our mandate is binding upon it and must be strictly followed without variation or departure. No judgment other than that directed or permitted by the appellate court may be entered.\
- “To reverse an injunction is to vacate it.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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