Churchill v. . Lee
Supreme Court of North Carolina
Claim and Delivery,tried at.January Special Term, 1877, of Ware Superior Court, before ScheneJc, J. This action was brought by the plaintiff’s intestate who alleged that the defendant, as Sheriff, under an execution issued against the property of one M. S. Littlefield, seized certain personal property belonging to the plaintiff.
Read the full summary
Claim and Delivery,tried at.January Special Term, 1877, of Ware Superior Court, before ScheneJc, J. This action was brought by the plaintiff’s intestate who alleged that the defendant, as Sheriff, under an execution issued against the property of one M. S. Littlefield, seized certain personal property belonging to the plaintiff. The defence was that although the property was in possession of the plaintiff’s intestate at the time of the levy, yet said Lit-tlefield owned the property at the time the judgment was rendered and upon which said execution issued, and that said judgment was in favor…
1Opinion of the CourtBynum, J.
Upon the authority of Jones v. Ward, ante, 337, the defendant abandoned here one of his grounds of' appeal —namely, that an action for Claim and Delivery will not lie against a Sheriff for a wrongful seizure of property under an execution in his hands. He does rely, however, upon two exceptions to the ruling of tbe Court taken by him in the progress of the trial in the Court below.
1. After the jury had been impanneled, the defendant claimed that the^affirmafive of all the issues raised by -the pleadings was upon him, and that he had the right to offer the first evidence, and also to open and…
2Cases cited4 opinions
- Worthy v. . CaddellSupreme Court of North Carolina · 1877
- Reiger v. . DavisSupreme Court of North Carolina · 1872
- McRae v. . LawrenceSupreme Court of North Carolina · 1876
- Carrier v. JonesSupreme Court of North Carolina · 1873
3Cited by9 opinions
- Wallace Bros. v. RobesonSupreme Court of North Carolina · 1888
- Mica Industries, Inc. v. PenlandSupreme Court of North Carolina · 1959
- Michaux v. Paul Rubber Co.Supreme Court of North Carolina · 1925
- Brooks v. . BrooksSupreme Court of North Carolina · 1884
- Hudson v. WetheringtonSupreme Court of North Carolina · 1878
4 more not listed; retrieve them via the Exa API.