Legal Opinion

Wilson v. . Hughes

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 20 opinions

Civil ACTION, for the specific recovery of a chattel, tried before Clark, Judge, and a jury, at August Terra, 1885, of Waice Superior Court. The following is the case settled upon appeal for this Court: “When the case was called for trial, plaintiff moved the Court for judgment on the pleadings, upon the ground that defendant’s answer admitted that plaintiffs were the owners and entitled to the possession of the mare, the property in controversy.

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Civil ACTION, for the specific recovery of a chattel, tried before Clark, Judge, and a jury, at August Terra, 1885, of Waice Superior Court. The following is the case settled upon appeal for this Court: “When the case was called for trial, plaintiff moved the Court for judgment on the pleadings, upon the ground that defendant’s answer admitted that plaintiffs were the owners and entitled to the possession of the mare, the property in controversy. The motion was denied and plaintiffs excepted. One Thos. G. Jenkins was called as a tales juror and was challenged by defendant for cause, the cause…

1Opinion of the CourtMerrimoN, J.

(after stating the facts). We observe that this is called an “action of claim and delivery.” Properly and strictly speaking, there is no such action. The action commonly so-called is an action to recover the possession of personal property — some specific chattel — and is of the nature of the action of detinue under the common law method of procedure. “Claim and delivery of personal property” is a provisional remedy, incident and ancillary, but not essential to the action. The object of such incidental provision, is to enable the plaintiff, upon giving an undertaking in double the value of…

2Cases cited4 opinions

  1. Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
  2. Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
  3. Jarman v. . WardSupreme Court of North Carolina · 1872
  4. Hopper v. . MillerSupreme Court of North Carolina · 1877

3Cited by20 opinions

  1. Hancammon v. . CarrSupreme Court of North Carolina · 1948
  2. McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
  3. Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
  4. Taylor v. . HodgesSupreme Court of North Carolina · 1890
  5. STANDARD AMUSEMENT COMPANY v. TarkingtonSupreme Court of North Carolina · 1958

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