Railroad Co. v. Hardware Co.
Supreme Court of North Carolina
ActioN by Pittsburg, Johnstown, Edensburg and Eastern Eailroad Company against Wakefield Hardware Company, heard by Judge Henry B. Bryan, at the September Term, 1904, of the Superior Court of GuilNORD County. This is an action to recover damages for illegal seizure of plaintiff’s cars. The defendant demurred to the complaint, the demurrer was overruled, and the defendant appealed.
1Opinion of the Court
Brown. J.
When this case was before this Court at Spring Term, 1904, it was decided that there was a misjoinder of causes of action. 135 N. C., 73. The plaintiff is' now proceeding against the defendant company not upon attachment bond, but under the principles of the common law to recover damages for such alleged unlawful seizure. The defendant demurs to the new complaint, filed as a conse*176quence of tbe former decision of the Court, upon the following grounds; 1st. The complaint does not allege the institution of the suit or proceedings by the defendant against the plaintiff without probable…
2Cases cited4 opinions
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
- Sneeden v. . HarrisSupreme Court of North Carolina · 1891
- Kirkham v. . Coe and CauseySupreme Court of North Carolina · 1854
- Williams v. . HunterSupreme Court of North Carolina · 1825
3Cited by23 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1979
- Bickel v. MacKieDistrict Court, N.D. Iowa · 1978
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Carpenter, Baggott & Co. v. HanesSupreme Court of North Carolina · 1914
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