Jones v. . Ward
Supreme Court of North Carolina
Claim and Delivery, tried at'Spring Term, 1877, of Martin Superior Court, before Eure, J. The defendant was a Constable, and as such, had in his hands for collection an execution for $200 issued upon a judgment rendered by a Justiee of the Peace. lie levied upon certain bales of cotton on the premises and in the possession of the judgment debtor, Thomas W. Jones, the testator of plaintiff, by whom this action was instituted.
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Claim and Delivery, tried at'Spring Term, 1877, of Martin Superior Court, before Eure, J. The defendant was a Constable, and as such, had in his hands for collection an execution for $200 issued upon a judgment rendered by a Justiee of the Peace. lie levied upon certain bales of cotton on the premises and in the possession of the judgment debtor, Thomas W. Jones, the testator of plaintiff, by whom this action was instituted. Upon giving the required bond, and the defendant failing to give a counter bond, the cotton was taken from the possession of the defendant, and delivered to plaintiff’s…
1Opinion of the CourtPeaRSON, C. J.
In Jarman v. Ward, 67 N. C. 32, a construction is put on C. C. P. § 177, et seq., ch. 2, Title IN, in respect to “ the affidavit and undertaking.” This case calls for a construction,in respect to the cases that come within its operation.
The words of the statute are as broad as can well be imagined, and include every case, with four specified exceptions, where the plaintiff makes an affidavit that he is entitled to the possession of certain personal property, and that it is wrongfully detained by the defendant, and gives the “ undertaking.”
It is argued by the counsel of defendant, that the…
2Cases cited1 opinion
- Jarman v. . WardSupreme Court of North Carolina · 1872
3Cited by3 opinions
- Mica Industries, Inc. v. PenlandSupreme Court of North Carolina · 1959
- Mitchell v. . SimsSupreme Court of North Carolina · 1899
- Porter v. DavidsonU.S. Circuit Court for the District of Western North Carolina · 1894