Manix v. . Howard

The summons in this action was returnable to fall term, 1874, when defendant moved to dismiss on the ground that the summons was void. The motion was overruled, and upon defendant's appeal the judgment was reversed. Folk v. Howard, 72 N.C. 527. Subsequently, at spring term, 1878, a jury were impaneled to assess the damages of the defendant by reason of the wrongful taking of certain mules, the property in dispute; the defendant offered evidence as to the value of the property; the plaintiff was allowed to prove title on objection by defendant to the evidence; and under the instructions of the…