Legal Opinion

Johnston v. . Pate

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 13 opinions

The action was tried before Shepherd, Judge, at February Term, 1886, of CraveN Superior Court, upon a petition filed by defendant for an allowance for betterments.

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The action was tried before Shepherd, Judge, at February Term, 1886, of CraveN Superior Court, upon a petition filed by defendant for an allowance for betterments. After the termination of the plaintiff’s action, in his recovery of the land sued for, reported in 90 N. C., 334, the defendant applied, in the Superior Court, for an allowance for the increased value imparted to the land by improvements made thereon, while he was in possession, and acting under a bona fide belief of his-title, the facts of which, as therein stated, are verified by oath. The allegations in the petition not being…

1Opinion of the Court

Smith, C. J.,

(after stating the facts). We cannot give our assent to either of these propositions, nor yield to the force of the argument urged in their support.

The cause was not determined by the defendant’s failure to give the required bond.

It was retained by the order of continuance, and the bond was-but a prerequisite to the suspension of process for enforcing the judgment, and the issuing of the injunction against the plaintiff. Such is the obvious intent and effect of the interlocutory order.

The omission to furnish the indemnity, warranted the issue of the writ sued out by the…

2Cases cited1 opinion

  1. Barker v. . OwenSupreme Court of North Carolina · 1885

3Cited by13 opinions

  1. Jones v. Commissioners.Supreme Court of North Carolina · 1905
  2. Palmcroft Development Co. v. City of PhoenixArizona Supreme Court · 1935
  3. Davis v. County Board of EducationSupreme Court of North Carolina · 1923
  4. Ex Parte HumphreyCourt of Criminal Appeals of Texas · 1922
  5. State v. GlassCourt of Appeals of Texas · 1942

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