Hall v. . Tillman
Supreme Court of North Carolina
This was a civil ACTION, in which the ancillary proceeding of claim and delivery was resorted to for the purpose of acquiring possession of a portable engine and saw-mill, tried at September Term, 1891, of Chatham Superior Court, before Mclver, J. At Fall Term, 1886, the jury responded in the affirmative to two issues involving the plaintiff’s title and right to possession, but did not answer the other issues.
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This was a civil ACTION, in which the ancillary proceeding of claim and delivery was resorted to for the purpose of acquiring possession of a portable engine and saw-mill, tried at September Term, 1891, of Chatham Superior Court, before Mclver, J. At Fall Term, 1886, the jury responded in the affirmative to two issues involving the plaintiff’s title and right to possession, but did not answer the other issues. Thereupon the Court ordered the engine and saw-mill to be sold, which was done by the commissioners appointed and the proceeds of sale were paid and sale confirmed. The appeal from that…
1Opinion of the CourtAvery, J.
after stating the facts: Under the provisions of the original section (326 of The Code) the bond filed by the defendants in the ancillary proceeding would have been conditioned for the delivery to the. plaintiff of the property described in his affidavit, “ if such delivery should be adjudged, and for the payment of such sum as may for any cause be recovered against the defendant.” But it w'as provided by the act amendatory of that section (ch. 50, § 2, Laws of 1885) that such bond should thereafter be conditioned “ for the delivery thereof with damages for its deterioration and its…
2Cases cited7 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Holmes, Ex'r v. . GodwinSupreme Court of North Carolina · 1873
- Wilson v. . HughesSupreme Court of North Carolina · 1886
- Taylor v. . HodgesSupreme Court of North Carolina · 1890
- Hall v. . TillmanSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
- Orange Trust Co. v. HayesSupreme Court of North Carolina · 1926
- Mahoney v. Tyler.Supreme Court of North Carolina · 1904
- McCormick v. . CrottsSupreme Court of North Carolina · 1930
- Snow Hill Livestock Co. v. AtkinsonSupreme Court of North Carolina · 1925
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