Smithdeal v. . Wilkerson
Supreme Court of North Carolina
Civil action, for the recovery of personal property, heard before (lark, J., at November Term, 1887, of the Superior Court of Rowan County. The plaintiff alleges that he is the surviving partner of Smithdeal & Ritchie, and, as such, is the owner, and entitled to the immediate possession of the horse described in the complaint.
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Civil action, for the recovery of personal property, heard before (lark, J., at November Term, 1887, of the Superior Court of Rowan County. The plaintiff alleges that he is the surviving partner of Smithdeal & Ritchie, and, as such, is the owner, and entitled to the immediate possession of the horse described in the complaint. The plaintiff is a resident of Rowan County, and claims the horse by virtue of a chattel mortgage, executed by one Daniel to Smithdeal & Ritchie, and duly registered in Ca-barrus County. The defendant is a resident of Stanly County, and the plaintiff alleges that-the…
1Opinion of the Court
Davis, J.,
(after stating the facts). The defendant insists that the action should have been brought to the County of Stanly, in which the defendant resides, and where the horse, the subject of the action, is. He says it is governed by § 190, subsec. 4, of The Code, which provides, that actions “for the recovery of personal property, distrained for any cause,” must be “tried in the county in which the subject of the action, or some part thereof, is situated,” and that the place of trial should be changed, as provided in section 195, of The Code.
This depends upon the construction to be placed…
2Cases cited2 opinions
- Harrison v. . RicksSupreme Court of North Carolina · 1874
- Jarman v. . WardSupreme Court of North Carolina · 1872
3Cited by10 opinions
- Vann v. Edwards.Supreme Court of North Carolina · 1904
- Brown v. Cogdell.Supreme Court of North Carolina · 1904
- Federal Deposit Insurance v. WillettsDistrict Court, E.D. North Carolina · 2012
- Kelly v. . FlemingSupreme Court of North Carolina · 1893
- Oil Co. v. Grocery Co.Supreme Court of North Carolina · 1904
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