Horton v. . Horne
Supreme Court of North Carolina
Claim and Delivery — Judgment—Costs: Civil action, to recover personal property, tried before Clark, J., at May Term, 1887, of ANSON Superior Court. The summons was issued in May, 1881, and at the same time the plaintiff having filed the requisite affidavit and undertaking, the Sheriff was directed to take the property mentioned therein and deliver it to the plaintiff, as provided in § 321, et sequiter of The Code, and which was done as appears by the Sheriff’s return.
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Claim and Delivery — Judgment—Costs: Civil action, to recover personal property, tried before Clark, J., at May Term, 1887, of ANSON Superior Court. The summons was issued in May, 1881, and at the same time the plaintiff having filed the requisite affidavit and undertaking, the Sheriff was directed to take the property mentioned therein and deliver it to the plaintiff, as provided in § 321, et sequiter of The Code, and which was done as appears by the Sheriff’s return. The plaintiff alleged that he was “ the owner and entitled to the immediate possession of the property ” sued for, by virtue…
1Opinion of the Court
Davis, J.,
(after stating the case). Sec. 431 of The Code prescribes the manner in which the judgment in actions for the recovery of personal property shall be rendered. “ Judgment for the plhintiff may be for the possession, or for the recovery of possession, or for the value thereof, in case a delivery cannot be had, and the damages for the detention. If the property has been delivered to the plaintiff and the defendant claims a return thereof, judgment for the defendant may be for a return of the property, or for the value thereof in case a return can not be had, and damages for taking and…
2Cases cited2 opinions
- Wall v. . CovingtonSupreme Court of North Carolina · 1877
- Manix v. . HowardSupreme Court of North Carolina · 1878
3Cited by10 opinions
- Williams v. HughesSupreme Court of North Carolina · 1905
- Hall v. . TillmanSupreme Court of North Carolina · 1889
- Vanderbilt v. Johnson.Supreme Court of North Carolina · 1906
- Williams v. . HughesSupreme Court of North Carolina · 1905
- Kinston Cotton Mills v. Rocky Mount Hosiery Co.Supreme Court of North Carolina · 1911
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