Phipps v. . Wilson
Supreme Court of North Carolina
Civil AotioN for the recovery of personal property, heard before Robinson, J., at February Term, 1898, of Guilpobd Superior Court. The plaintiff, by virtue of a mortgage with power of sale from the defendant, claimed to be the owner and entitled to the possession of a water wheel or motor, including all patterns and fixtures for the same.
Read the full summary
Civil AotioN for the recovery of personal property, heard before Robinson, J., at February Term, 1898, of Guilpobd Superior Court. The plaintiff, by virtue of a mortgage with power of sale from the defendant, claimed to be the owner and entitled to the possession of a water wheel or motor, including all patterns and fixtures for the same. The defendant denied the allegation of ownership, and set upon a counterclaim for damages to his business by reason of the unlawful seizure. There was no reply to the counterclaim. On motion of defendant, his Honor rendered judgment by default and inquiry in…
1Opinion of the CourtClase, J.
Tbe plaintiff sued out claim and delivery, tbe defendant set up as counterclaim damages accruing from such seizure, wbicb be alleges was wrongful. There being no reply filed, bis Honor gave judgment by default and inquiry in favor of defendant upon tbe counterclaim. Tbis was error while the issue raised by complaint and answer as to lawfulness of tbe seizure was undetermined.
Besides such counterclaim could not be set up in tbis action, for it did not arise out of tbe same cause of action, nor did not exist at tbe commencement of tbe action. Kramer v. Light Co., 95 N. C., 277; Puffer v. Lucas,…
2Cases cited2 opinions
- A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
- Kramer v. Thomson-Houston Electric Light Co.Supreme Court of North Carolina · 1886
3Cited by10 opinions
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
- Manufacturers & Jobbers Finance Corp. v. LaneSupreme Court of North Carolina · 1942
- Griffin v. Thomas.Supreme Court of North Carolina · 1901
- Satterthwaite v. Ellis.Supreme Court of North Carolina · 1901
- White Blakeslee Manufacturing Co. v. RhodesSupreme Court of North Carolina · 1910
5 more not listed; retrieve them via the Exa API.