Waller v. Bowling
Supreme Court of North Carolina
This was a civil action, tried at the April Term, 1890, of the Superior Court of Granville County, before Womach, J. The action was brought to recover damages for unlawfully removing and converting to the defendant’s own use certain machinery that had been placed in a mill run by water.
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This was a civil action, tried at the April Term, 1890, of the Superior Court of Granville County, before Womach, J. The action was brought to recover damages for unlawfully removing and converting to the defendant’s own use certain machinery that had been placed in a mill run by water. On the 23d of August, 1880, and for some years prior to that time, the plaintiff and defendant were owners in fee and tenants in common of the tract of land on which the mill was situate, each holding one undivided half. On said 23d of August the defendant executed a contract, under seal, to convey his…
1Opinion of the CourtAvery, J.
after stating the facts: The rule in reference to issues laid down by this Court in Emry v. Railroad, 102 N. C., 209, has been repeatedly approved since. Lineberger v. Tidwell, 104 N. C., 510; Brown v. Mitchell, 102 N. C., 367; McAdoo v. Railroad, 105 N. C., 151.
The defendant, in order to sustain his assignment of error, must show that the Court has erred in refusing or failing, at his request, to present to the jury, through the medium of some issue submitted, a pertinent view of the law applicable to the testimony, whereby the jury may have been misled. Bonds v. Smith, 106 N. C., 564.
A…
2Cases cited16 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Trustees of the University of North Carolina v. State National BankSupreme Court of North Carolina · 1887
- Willis v. BranchSupreme Court of North Carolina · 1886
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3Cited by7 opinions
- Cox v. . Lighting Co.Supreme Court of North Carolina · 1909
- Bullman v. EdneySupreme Court of North Carolina · 1950
- Cox v. New Bern Lighting & Fuel Co.Supreme Court of North Carolina · 1909
- Parker v. Brown.Supreme Court of North Carolina · 1904
- Bimel v. BoydIndiana Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.