Jarman v. . Ward
Supreme Court of North Carolina
Civil action beard upon demurrer to the complaint, before Clarice, J., at Spring Term, 1872, oí ' the Superior Court of ONSlow. His Honor sustained the demurrer and the plaintiff appealed. The facts and substance oí the pleadings are sufficiently stated in the opinion of the Court.
1Opinion of the CourtPeaesoN, C. J.
This is an action to recover the possession of personal property, and damages for the detention.
The complaint alleges an executed contract for the sale of two steers, and a.cow and calf, by force of which the ownership was vested in the plaintiff. The plaintiff does not make the affidavit or give the undertaking as required by C. C. P., secs. 177,179. To this the defendant demurs, and for ground of 177 demurrer specifies: “The action is for claim and delivery of personal property, and the plaintiff has not complied with C. C. P., sec. 177, 178, 179, (eh. 11, page 63.)”
This presents the…
2Cases cited2 opinions
- Love v. Commissioners of Chatham CountySupreme Court of North Carolina · 1870
- Joseph Merwin v. . Joseph L. BallardSupreme Court of North Carolina · 1872
3Cited by6 opinions
- Wilson v. . HughesSupreme Court of North Carolina · 1886
- Smithdeal v. . WilkersonSupreme Court of North Carolina · 1888
- W. C. Kiser & Co. v. BlantonSupreme Court of North Carolina · 1898
- Hopper v. . MillerSupreme Court of North Carolina · 1877
- Jones v. . WardSupreme Court of North Carolina · 1877
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