Dawson v. Thigpen.
Supreme Court of North Carolina
ActioN by N. B. Dawson against I. L. Thigpen and wife, heard by Judge Fred. Moore and a jury, at Spring Term, 1904, of the Superior Oonrt of Edgecombe County.
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ActioN by N. B. Dawson against I. L. Thigpen and wife, heard by Judge Fred. Moore and a jury, at Spring Term, 1904, of the Superior Oonrt of Edgecombe County. The plaintiff N. B. Dawson instituted this action on February 12, 1902, against the defendants Thigpen and wife for the recovery of four mules, one mare, carts, etc., and all crops raised by defendants during the year 1901. At the time of issuing the summons the plaintiff obtained an order for the immediate delivery of the property. Defendants executed an undertaking pursuant to the statute, retaining possession thereof. Defendants…
1Opinion of the Court
Connor, J.,
after stating the facts. The assignments of error present but two questions for our consideration: Eirst, the right of the plaintiff to withdraw from the action pending the controversy, by taking a nonsuit. lie had, by the order of the Court, at the institution of the action, procured the seizure of the property and the defendants had retained it by filing the undertaking, which was available to the plaintiff only in the event of a recovery. While the complaint does not set out the source of the plaintiff’s claim to the property, it does allege an indebtedness by the defendants,…
2Cases cited8 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
- Smith v. . BynumSupreme Court of North Carolina · 1885
- Vick v. . SmithSupreme Court of North Carolina · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Temple v. . LabergeSupreme Court of North Carolina · 1922
- Sitterson v. . SpellerSupreme Court of North Carolina · 1925
- Sink v. . HireSupreme Court of North Carolina · 1936
- Forbis v. Piedmont Lumber Co.Supreme Court of North Carolina · 1914
- Joyner v. . StancillSupreme Court of North Carolina · 1891
3 more not listed; retrieve them via the Exa API.