Clemmons v. . Jackson
Supreme Court of North Carolina
Appeal by defendant from Gonnor, Jat tbe Fall Term, 1921, of BeuNswioe:. Tbe court entered judgment as follows: “This cause, coming on to be beard before George W. Connor, judge presiding, and plaintiff having in open court announced that she would not ask tbat an issue as to trespass upon tbe lands described in tbe complaint, nor as to damages, be submitted to tbe jury, and baying moved for judgment upon tbe pleadings tbat sbe be decreed tbe owner of tbe land described in…
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Appeal by defendant from Gonnor, Jat tbe Fall Term, 1921, of BeuNswioe:. Tbe court entered judgment as follows: “This cause, coming on to be beard before George W. Connor, judge presiding, and plaintiff having in open court announced that she would not ask tbat an issue as to trespass upon tbe lands described in tbe complaint, nor as to damages, be submitted to tbe jury, and baying moved for judgment upon tbe pleadings tbat sbe be decreed tbe owner of tbe land described in tbe complaint, and tbe court being of tbe opinion tbat tbe allegation of ownership is not denied in tbe answer: “It is,…
1Opinion of the CourtHoKE, J.
We are unable to find anything in this record to uphold a judgment against defendant for tbe costs, or any part of it. It appears from a perusal of tbe pleadings tbat plaintiff filed bis complaint alleging ownership of a specified tract of land, describing same by metes and bounds; tbat defendants bad wrongfully entered on same and cut and removed therefrom timber and timber trees, and were wrongfully attempting to farm said lands to plaintiff’s damage $50; tbat defendants were insolvent, and unless restrained plaintiff’s loss would be irreparable; and asked judgment tbat plaintiff be…
2Cases cited2 opinions
- Brown v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1914
- Starr v. . O'QuinnSupreme Court of North Carolina · 1920
3Cited by1 opinion
- Plotkin v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924