Randolph v. . McGowans
Supreme Court of North Carolina
Civil actioN tried before Stacy, J., at March Term, 1917, of Pitt, upon these issues-: 1. Was the plaintiff tbe owner and entitled to the immediate possession of the cow described in the complaint at the institution of this suit ? Answer: “Yes.” 2. What was the value of said cow at the time of the sheriff’s seizure ? Answer: “$25.” 3. Was the cow’s death occasioned by the negligence of the defendant? Answer: “No.” The defendant moved for judgment upon the issues that he go…
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Civil actioN tried before Stacy, J., at March Term, 1917, of Pitt, upon these issues-: 1. Was the plaintiff tbe owner and entitled to the immediate possession of the cow described in the complaint at the institution of this suit ? Answer: “Yes.” 2. What was the value of said cow at the time of the sheriff’s seizure ? Answer: “$25.” 3. Was the cow’s death occasioned by the negligence of the defendant? Answer: “No.” The defendant moved for judgment upon the issues that he go without day and recover costs. The court rendered judgment that plaintiff “be declared to have been the owner of the cow…
1Opinion of the CourtBrown, J.
This is a civil action, instituted to recover possession of a cow. Plaintiff, at commencement of the action, took out the ancillary proceeding of claim and delivery. Defendant replevied when the cow was seized by the sheriff, and took the cow back into his possession. In order to do so, he was required to give the bond required by the statute, the condition of which is as follows:
“That if the said property be returned to the defendant, it shall be delivered to the plaintiff with damages for its deterioration and detention ; if such delivery cannot for any cause be had, that the plaintiff…
2Cases cited6 opinions
- Suppiger v. GruazIllinois Supreme Court · 1891
- Blaker v. SandsSupreme Court of Kansas · 1883
- Hinkson v. MorrisonSupreme Court of Iowa · 1877
- De Thomas v. WitherbyCalifornia Supreme Court · 1882
- Bethea v. . McLennonSupreme Court of North Carolina · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Universal C. I. T. Credit Corp. v. SaundersSupreme Court of North Carolina · 1952
- Orange Trust Co. v. HayesSupreme Court of North Carolina · 1926
- McCormick v. . CrottsSupreme Court of North Carolina · 1930
- Crump v. . LoveSupreme Court of North Carolina · 1927
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