Simmons v. Defiance Box Co.
Supreme Court of North Carolina
Appeal from Peebles, J., at tbe February Term, 1910, of ObAVEN. Civil action to recover damages for wrongfully cutting timber on lands of plaintiff. At tbe close of plaintiff’s testimony and of tbe entire testimony there was motion by defendant to nonsuit plaintiff under statute; motion overruled and defendant excepted.
Read the full summary
Appeal from Peebles, J., at tbe February Term, 1910, of ObAVEN. Civil action to recover damages for wrongfully cutting timber on lands of plaintiff. At tbe close of plaintiff’s testimony and of tbe entire testimony there was motion by defendant to nonsuit plaintiff under statute; motion overruled and defendant excepted. Tbe court charged tbe jury, and on issues submitted tbe following verdict was rendered: 1. Is plaintiff entitled to recover of tbe defendant damages for tbe trespass alleged in tbe complaint ? Ans., Yes. 2. If so, what amount ? Ans., $522. Judgment on tbe verdict for…
1Opinion of the CourtHoke, J.
Tbe objection urged for error to tbe validity of this trial was to tbe refusal of tbe court below to nonsuit tbe plaintiff, and this chiefly on tbe ground that plaintiff bad failed to offer evidence sufficient to establish title to tbe locus in quo, but we are of opinion that tbe objection cannot be sustained. Tbe plaintiff introduced a grant from tbe State to one Francis Hill bearing date 25 July, 1716, and’proved that this grant conveyed tbe land in controversy and all tbe land embraced and described in plaintiff’s deed. Plaintiff further introduced deeds covering tbe land in controversy,…
2Cited by15 opinions
- Christman v. . HilliardSupreme Court of North Carolina · 1914
- WACHOVIA BANK & TRUST COMPANY v. MillerSupreme Court of North Carolina · 1955
- Price v. Tomrich CorporationSupreme Court of North Carolina · 1969
- Millsaps v. . EstesSupreme Court of North Carolina · 1905
- Price v. WhisnantSupreme Court of North Carolina · 1950
10 more not listed; retrieve them via the Exa API.