Pickron v. Garrett

(After stating the foregoing facts.) The demurrer of the Garretts, the two defendants who did not reside in Eandolph County, to the petition of the plaintiff, presents the contention that the essential allegations constitute an action in trover, and that the case as made by the petition sounded in trover and not in trespass. While some of the allegations sound much like-an action in trover, and the question raised by the demurrer is. not free of all doubt, we think that the court correctly construed the action as being in trespass, and properly overruled the demurrer. Even if the petition be…