Fayetteville Light & Power Co. v. Lessem Co.
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at September Term, 1917, of CuMBERLAND. This was a motion in an action which was brought by the plaintiff to recover the sum of $1,430 for the conversion of certain personal property by the defendant belonging to the plaintiff. The necessary ancillary in arrest and bail was taken out by the plaintiff upon his deposit of the amount of $250 with the clerk in lieu of the usual prescribed bond, the clerk having fixed the amount of the deposit.
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Appeal by plaintiff from Bond, J., at September Term, 1917, of CuMBERLAND. This was a motion in an action which was brought by the plaintiff to recover the sum of $1,430 for the conversion of certain personal property by the defendant belonging to the plaintiff. The necessary ancillary in arrest and bail was taken out by the plaintiff upon his deposit of the amount of $250 with the clerk in lieu of the usual prescribed bond, the clerk having fixed the amount of the deposit. An order for the arrest of the defendant, J. I. Lessem, was issued, and he was required to give bail in the sum of…
1Opinion of the Court
Walker, J.,
after stating the case: The sole question is as to whether the judge had the power to increase the amount of plaintiff’s undertaking.
Bevisal, sec. 730, provides: “Before making the order, the court or judge shall require a written undertaking on the part of the plaintiff, with sufficient surety, payable to the defendant, to the effect that if the defendant recover judgment the plaintiff will pay all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least $100.” The plaintiff complied with this section when,…
2Cases cited7 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1877
- S. Marsh & Co. v. CohenSupreme Court of North Carolina · 1873
- Vaughan v. . VincentSupreme Court of North Carolina · 1883
- Adams v. . ReevesSupreme Court of North Carolina · 1877
- Cushing v. . StyronSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Luff v. . LeveySupreme Court of North Carolina · 1932
- In re: HowellCourt of Appeals of North Carolina · 2024