Joyner v. Early
Supreme Court of North Carolina
ActioN to recover possession of a mule, beard before Judge E. JB. Jones and a jury, at the Spring Term, 1905, of the Superior Court of Hertford County. From a judgment for plaintiff, the defendant appealed.
1Opinion of the CourtBrown, J.
The plaintiff sued out claim and delivery proceedings for the mule and filed the ordinary complaint alleging simply ownership upon the part of the plaintiff and wrongful detention by the defendant. On the trial the plaintiff offered evidence tending to prove that the defendant obtained posession of the mule in a trade with the plaintiff by false, fraudulent and deceitful representations. At the conclusion of the plaintiff’s evidence the defendant moved to *50nonsuit. The court denied the motion and permitted the plaintiff to amend his complaint by setting out the allegations of fraud,…
2Cases cited5 opinions
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Wallace, Elliott & Co. v. CohenSupreme Court of North Carolina · 1892
- Des Farges v. . PughSupreme Court of North Carolina · 1885
- Wilson v. . WhiteSupreme Court of North Carolina · 1879
- Office v. . BlandSupreme Court of North Carolina · 1884
3Cited by7 opinions
- Dockery v. Fairbanks-Morse Co.Supreme Court of North Carolina · 1916
- Alley v. Howell.Supreme Court of North Carolina · 1906
- Lefler v. C. W. Lane & Co.Supreme Court of North Carolina · 1915
- Carrow v. WestonSupreme Court of North Carolina · 1958
- Currie v. MalloySupreme Court of North Carolina · 1923
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