Horne v. Commissioners of Cumberland County

Citations

• 29 S.E. 581
• 122 N.C. 466
• 1898 N.C. LEXIS 286

Syllabus

<p>Injunction- — Summons—Mandamus—Demand and Refusal — Practice.</p> <p>1. An injunction cannot issue unless a summons has been issued returnable to the Superior Court of the County in which the action is brought.</p> <p>2. A proceeding in mandamus may be returnable before a judge at Chambers but it cannot be sustained unless a demand has been made for the relief sought followed by a refusal or what is equivalent to a refusal.</p>