Sherrill v. . Conner
Supreme Court of North Carolina
This was a civil ACTION, tried at the September Term, 1890, of the Superior Court of LINCOLN County, before Brown, J. The action was brought by the plaintiffs, reversioners, against the defendant, tenant in dower. The issues and responses of the jury were as follows: “1. Has the defendant negligently and wrongfully wasted and damaged the lands and property described in complaint? Answer — Yes.
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This was a civil ACTION, tried at the September Term, 1890, of the Superior Court of LINCOLN County, before Brown, J. The action was brought by the plaintiffs, reversioners, against the defendant, tenant in dower. The issues and responses of the jury were as follows: “1. Has the defendant negligently and wrongfully wasted and damaged the lands and property described in complaint? Answer — Yes. “2. If so, what are the plaintiffs entitled to recover? Answer — $1,300, divided as follows: T. F. Connor, $144A; Etta Sherrill, $144A; Charles E. Ramsey, $T44A; Annie Y. Ivey, $57714; Lucy Avery,…
1Opinion of the CourtAvery, J.
after stating the facts: The appeal of the plaintiffs raises but a single question for our consideration.
It is provided by statute (The Code, §629) that “in all cases of waste, when judgment shall be against the defendant, the Court may give judgment for thrice the amount of the damages assessed by the jury, and also that the plaintiff recover the place wasted if the said damages shall not be paid on or before a day to be named in the judgment.” This section is substantially the same as the law in force before the enactment of The Code (Revised Code, ch. 116, § 3; Revised Statute, ch. 119, §…
2Cases cited3 opinions
- Farmers' Bank v. . HaleNew York Court of Appeals · 1874
- State v. . EavesSupreme Court of North Carolina · 1890
- Chapin v. CrusenWisconsin Supreme Court · 1872
3Cited by3 opinions
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
- Hybart v. Jones.Supreme Court of North Carolina · 1902
- Parrish v. ParrishSupreme Court of North Carolina · 1958