Hargrove v. . Harris
Supreme Court of North Carolina
Civil aotioN, beard before Green, J., at January Term, 1895, of G-ranville Superior Court, on defendant’s appeal from a judgment of a Justice of the Peace. The summons commanded the defendant “to answer the complaint of Mrs. Mary L. Hargrove, for the wrongful detention of a lot of tobacco, corn, shucks and fodder, value $75, due for rent, and demanded by said plaintiff.”
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Civil aotioN, beard before Green, J., at January Term, 1895, of G-ranville Superior Court, on defendant’s appeal from a judgment of a Justice of the Peace. The summons commanded the defendant “to answer the complaint of Mrs. Mary L. Hargrove, for the wrongful detention of a lot of tobacco, corn, shucks and fodder, value $75, due for rent, and demanded by said plaintiff.” The plaintiff complained before a Justice that defendant was indebted to her in the sum of $60 and interest, due by note for rent of Ragland farm, and that she had the right to seize and sell the crops raised on said land…
1Opinion of the Court
Claric, J.:
There is no such thing as an action for claim and delivery. Under our Constitution, Art. IY, See. 1, there is but one form of action in civil eases. In that, many ancillary remedies may be asked, i. e., Arrest and Bail, Claim and Delivery, Injunction, Attachment, and Appointment of Eeceivers. These need not be asked, even if the party is entitled to them, Wilson v. Hughes, 94 N. C., 182, and if they are improperly asked they are simply denied or dismissed, but that does not affect the action itself, which goes on if the plaintiff is entitled to any other remedy. Deloatch v. Coman,…
2Cases cited6 opinions
- Wilson v. . HughesSupreme Court of North Carolina · 1886
- State v. . JonesSupreme Court of North Carolina · 1880
- Deloatch v. . ComanSupreme Court of North Carolina · 1884
- Starke v. . CottenSupreme Court of North Carolina · 1894
- Morris and Hopson v. . O'BriantSupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Holden v. . WarrenSupreme Court of North Carolina · 1896
- W. C. Kiser & Co. v. BlantonSupreme Court of North Carolina · 1898
- Patterson v. Freeman.Supreme Court of North Carolina · 1903
- McGehee v. . BreedloveSupreme Court of North Carolina · 1898