Phillips Walsh v. . Rufus D. Hall
Supreme Court of North Carolina
This was a civil action, heard on complaint, counter-claim and demurrer, before bis Honor, Judge Mitchell, at Fall Term 18ÍT1, of Caldwell Superior Court. The plaintiff, in his complaint, alleged title to a horse in himself, and that the same had been taken out of his possession by the defendant, and was detained after demand, and demanding appropriate relief.
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This was a civil action, heard on complaint, counter-claim and demurrer, before bis Honor, Judge Mitchell, at Fall Term 18ÍT1, of Caldwell Superior Court. The plaintiff, in his complaint, alleged title to a horse in himself, and that the same had been taken out of his possession by the defendant, and was detained after demand, and demanding appropriate relief. The defendant by his answer and counter claim, denied that the plaintiff was the owner of the horse, inequity; that the horse had been in possesion of the plaintiff, but had escaped, and having strayed back to bis old home,' had been…
1Opinion of the CourtJDiok, J.
This is a civil action, in the nature oí an action oí detinue, to recover a horse from the defendant.
The defendant filed an answer, controverting some of the allegations of the complaint, and made a statement of new matter, which he insisted, constituted a counter-claim to the plaintiff’s cause of action. The plaintiff demurred, and thereby admitted the truth of the defendant’s statement of-new matter, and we must consider whether the admitted facts constitute a good counter-claim in this action.
The defendant alleges that be was the owner of the horse in controversy, and exchanged it with the…
2Cases cited2 opinions
- McFerran v. TaylorSupreme Court of the United States · 1806
- Credle v. . SwindellSupreme Court of North Carolina · 1869
3Cited by72 opinions
- May v. . LoomisSupreme Court of North Carolina · 1905
- Brooks v. Ervin Construction CompanySupreme Court of North Carolina · 1960
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Hicks v. StevensIllinois Supreme Court · 1887
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