State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-485

Article37.

Injunction.

§ 1‑485.  Whenpreliminary injunction issued.

A preliminary injunction maybe issued by order in accordance with the provisions of this Article. The ordermay be made by any judge of the superior court or any judge of the districtcourt  authorized to hear in‑chambers matters in the following cases, andshall be issued by the clerk of the court in which the action is required to betried:

(1)        When it appears bythe complaint that the plaintiff is entitled to the relief demanded, and thisrelief, or any part thereof, consists in restraining the commission orcontinuance of some act the commission or continuance of which, during thelitigation, would produce injury to the plaintiff; or,

(2)        When, during thelitigation, it appears by affidavit that a party thereto is doing or threatensor is about to do, or is  procuring or suffering some act to be done inviolation of the rights of another party to the litigation respecting the subject of the action, and tending to render the judgment ineffectual; or,

(3)        When, during thependency of an action, it appears by affidavit of any person that the defendantthreatens or is about to remove or dispose of his property, with intent todefraud the plaintiff. (C.C.P., ss. 188, 189; Code, ss. 334, 338; Rev., s.806; C.S., s. 843; 1967, c. 954, s. 3; 1973, c. 66, s. 1.)