Hitch v. Commissioners of Edgecombe County
Supreme Court of North Carolina
ActioN by Frank Hitch and others against the Commissioners of Edgecombe County, heard by Judge Francis D. Winston, at October Term, 1902, of the Superior Court of Edgecombe County. It is only necessary, in order to' understand the questions presented, that, the second cause of action stated in the complaint and the demurrer thereto' should be set out, as the first cause of action was abandoned in this court.
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ActioN by Frank Hitch and others against the Commissioners of Edgecombe County, heard by Judge Francis D. Winston, at October Term, 1902, of the Superior Court of Edgecombe County. It is only necessary, in order to' understand the questions presented, that, the second cause of action stated in the complaint and the demurrer thereto' should be set out, as the first cause of action was abandoned in this court. They are as follows: The plaintiff for a second cause of action alleges: 1. That die defendant entered upon and took possession of the said two parcels of land hereinbefore described. 2.…
1Opinion of the Court
This action was brought to recover damages for entering upon and injuring the plaintiffs' land. The complaint contained two causes of action, to each of which the defendant (575) demurred, but in the argument before us the plaintiffs' counsel abandoned the first cause of action, so that we are confined, in the consideration of the case, to the sufficiency of the second cause of action.
The plaintiffs alleged an entry upon the land, and it must be presumed that they intended to allege an unlawful or wrongful entry: otherwise they would not have been injured in a technical or legal sense. They…
2Cases cited1 opinion
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
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