Scott v. . Elliott and Others
Supreme Court of North Carolina
Replevin, tried before Mitchell, J., at Fall Term, 1861, of the Superior Court of Chatham. The action had been brought under the provisions of the Revised Code, ch. 98, for a steamboat which remained in the hands of the defendant, he having given the required bond.
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Replevin, tried before Mitchell, J., at Fall Term, 1861, of the Superior Court of Chatham. The action had been brought under the provisions of the Revised Code, ch. 98, for a steamboat which remained in the hands of the defendant, he having given the required bond. Upon the trial it appeared that the sheriff had levied an attachment upon the boat under the Act giving a lien for work ■done and materials furnished to vessels; that it subsequently iad been condemned as being “perishable” by three freehold■ers, and sold; and that upon the sale it' was purchased by the plaintiff. Afterwards it had…
1Opinion of the CourtPeaesoN, C. J.
From the very loose and imperfect manner in which the case is made up, this Court is left to grope its way in the dark.
In a paper signed by the attorneys it is set out: “The defendants insisted that the measure of damages should have been the amount of the claim upon which the attachment was issued. ” The proceedings in that case cannot make a part of this, and we are not even at liberty to take judicial notice of the fact that Bryan v. Steamer “ Enterprise ” 8 Jon. 260, .has any connection with our case; so we are not informed as to “ the amount of the claim upon which the attachment has…
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