Legal Opinion

Dowd v. . Holbrook

Supreme Court of North Carolina

Decided May 11, 1910PublishedCited by 2 opinions

Appeal from Qouncül, Jat November Term, 1909, of Catawba. Civil action, brought to recover ..possession of a newspaper, called "The Hickory Democrat ” together with the printing plant described in the complaint.

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Appeal from Qouncül, Jat November Term, 1909, of Catawba. Civil action, brought to recover ..possession of a newspaper, called "The Hickory Democrat ” together with the printing plant described in the complaint. These issues were submitted: 1. Is the plaintiff the owner and entitled to the possession of the property described in the complaint ? Answer: Yes. 2. What is the value of the property described in the complaint? Answer: $1,800. From the judgment rendered defendant appealed. .

1Opinion of the CourtBrown, J.

An examination of the pleadings and evidence shows quite clearly that the controversy involves almost exclusively a question of fact, and that it is settled against the 'defendant by the verdict of the jury.

We are of opinion that the numerous exceptions are without merit and that a discussion of them is unnecessary.

The case of defendant is based largely upon the theory that he purchased certain additions to the newspaper equipment and paid for them out of his own funds; and that he was a part owner with the plaintiff. The plaintiff claims that defendant was his agent and in charge of the…

2Cases cited5 opinions

  1. Irving v. . CampbellNew York Court of Appeals · 1890
  2. Bergner v. BergnerSupreme Court of Pennsylvania · 1907
  3. Deep River Gold Mining Co. v. FoxSupreme Court of North Carolina · 1845
  4. Carroll v. McKaleMichigan Supreme Court · 1896
  5. Oliven v. KastorCourt of Appeals of Texas · 1907

3Cited by2 opinions

  1. Pugh v. . NewbernSupreme Court of North Carolina · 1927
  2. Northwestern Improvement Co. v. RhoadesMontana Supreme Court · 1916

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