Frisbee v. Town of Marshall
Supreme Court of North Carolina
Civil action tried before Brown, J., and a jury at Spring Term, 1897, of Madison Superior Court. The facts appear in the opinion. There was a verdict for the defendant and from the judgment thereon the plaintiff appealed.
1DissentMontgomery, J.
From the confused record in this case we have had some difficulty in ascertaining the facts. As we understand them they are as follows: (1) No summons is found in the transcript, but we assume that it issued before November Term, 1892, when the original complaint was filed, alleging that defendant, before and after 1 May, 1890, appropriated plaintiff's land for township purposes, and pulled down plaintiff's fence, trees, etc. Answer filed at August Term, 1894, denies the allegations.
Amended complaint filed at Spring Term, 1897, alleges that, between 1 May, 1890, and the bringing of this…
2Cases cited3 opinions
- Williams v. . BuchananSupreme Court of North Carolina · 1841
- Myrick v. . BishopSupreme Court of North Carolina · 1821
- Andrews v. . MulfordSuperior Court of North Carolina · 1796
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