Bowen v. King
Supreme Court of North Carolina
Civil actioN, tried before Allen, Jand a jury, at November Term, 1906, of tbe Superior Court of TbaNSylvaNIa County. Tbe cause of action, and orders made therein in reference to amendment of pleadings, are stated in tbe case on appeal, as follows: Tbe action was originally brought by tbe plaintiff against defendants, alleging that be was tbe owner of one team of mules, one team of horses, one four-horse wagon, four sets of harness, one carload of cotton-seed meal and bulls…
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Civil actioN, tried before Allen, Jand a jury, at November Term, 1906, of tbe Superior Court of TbaNSylvaNIa County. Tbe cause of action, and orders made therein in reference to amendment of pleadings, are stated in tbe case on appeal, as follows: Tbe action was originally brought by tbe plaintiff against defendants, alleging that be was tbe owner of one team of mules, one team of horses, one four-horse wagon, four sets of harness, one carload of cotton-seed meal and bulls and about three hundred poplar logs of tbe value of $700. During tbe progress of tbe trial tbe plaintiff asked to be…
1Opinion of the Court
IIoKE, J.,
after stating the case: The court was asked to hold that, unless defendants had possession of the property at the time the present action was commenced, plaintiff could not recover. The position is correct, as applied to actions brought to recover the possession of the property itself. Such action only lies against the one who has possession of the property at the time the same is instituted. Webb v. Taylor, 80 N. C., 305; Haughton v. Newberry, 69 N. C., 456. While the allegation of the complaint may be broad enough to constitute a demand for the possession, it is evident, from a…
2Cases cited9 opinions
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
- Woody v. . Jordan .Supreme Court of North Carolina · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Elam v. Smithdeal Realty & InsuranceSupreme Court of North Carolina · 1921
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Elam v. . Realty Co.Supreme Court of North Carolina · 1921
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
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