Legal Opinion

State v. . Gray

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 7 opinions

INDICTMENT for forcible trespass, tried before Bynum, J., at Fall Term, 1891, of Burke Superior Court. The jury returned a special verdict in the following words: “ The defendant John Gray stood a horse in Burke County in 1888 and 1889. S. A. Johnson had contracted with him for a season in each of said years at the sum of $10 for each year, the defendant insuring a colt for each year.

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INDICTMENT for forcible trespass, tried before Bynum, J., at Fall Term, 1891, of Burke Superior Court. The jury returned a special verdict in the following words: “ The defendant John Gray stood a horse in Burke County in 1888 and 1889. S. A. Johnson had contracted with him for a season in each of said years at the sum of $10 for each year, the defendant insuring a colt for each year. There was no colt produced for the year 1888, but was for the year 1889. During the year 1888 the defendant boarded with S. A. Johnson, and left without paying his bill, but giving his due bill for the same,…

1Opinion of the Court

Claeic, J.:

In State v. Wilson, 94 N. C., 839, and State v. Talbot, 97 N. C , 494, it was held that though an entry on land was peaceable and even with permission of the owner, if, after getting upon the premises, the defendant uses violent and abusive language and does acts calculated to intimidate, he is guilty of a forcible entry; that though “ not at first a trespasser he became such as soon as he put himself in forcible opposition to the owner.”

Apply that to the case before us. The only difference is that here personal property was taken possession of peaceably, but carried off forcibly…

2Cases cited6 opinions

  1. State v. . McAddenSupreme Court of North Carolina · 1874
  2. State v. . ArmfieldSupreme Court of North Carolina · 1844
  3. State v. . PearmanSupreme Court of North Carolina · 1867
  4. State v. . WilsonSupreme Court of North Carolina · 1886
  5. State v. . BarefootSupreme Court of North Carolina · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. ClyburnSupreme Court of North Carolina · 1958
  2. City of Charleston v. MitchellSupreme Court of South Carolina · 1961
  3. State v. WebsterSupreme Court of North Carolina · 1897
  4. State v. . TyndallSupreme Court of North Carolina · 1926
  5. State v. . WoodwardSupreme Court of North Carolina · 1896

2 more not listed; retrieve them via the Exa API.

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