Edwards v. . Phillips
Supreme Court of North Carolina
MotioN heard at Spring Term, 1884, of Mitchell Superior Court, before Shipp, J. The defendant G. L. Phillips made this motion, upon affidavits, to be allowed to come in and defend the action as landlord, and for a writ of restitution, placing his ejected tenant into possession of the premises in dispute until the final hearing. The motion was refused and the defendant appealed.
1Opinion of the CourtSmith, C. J.
The plaintiff having obtained leave from the judge of the district to sue as a poor person, on the 6th day of November, 1882, instituted his action against the defendant, Claiborn Johnson, to recover possession of a tract of land described in his complaint, whereof he alleges himself to be the owner in fee, and the defendant in the wrongful and unlawful occupancy with withholding it from him.
The summons issuing in the cause was served on the defendant and returned to the next term of the superior court.- At the same term held in the spring of 1883, the plaintiff filed his complaint and the…
2Cases cited1 opinion
- Stradley v. . KingSupreme Court of North Carolina · 1881
3Cited by6 opinions
- Peebles v. Graham.Supreme Court of North Carolina · 1901
- Shaver v. ShaverSupreme Court of North Carolina · 1956
- Wilson Lumber & Milling Co. v. HuttonSupreme Court of North Carolina · 1910
- Lumber Co. v. . HuttonSupreme Court of North Carolina · 1910
- In Re BankSupreme Court of North Carolina · 1935
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