Tucker v. . Davis
Supreme Court of North Carolina
Civil ActioN for Damages tried at Spring Term, 1877, of MONTGOMERY Superior Court, before McKoy, J. The case is sufficiently stated by Mr. Justice Rodman in ■delivering the opinion of this Court. Under the instruction of His Honor in the Court below, the jury rendered a verdict for plaintiff. Judgment. Appeal by defendant.
1Opinion of the CourtRodman, J.
The complaint is that the defendant wrongfully sued out an order for the arrest of the plaintiff who was arrested upon it.
There is no controversy as to the facts. On the 18th of November, 1874. the present defendant, Davis, issued a summons against Tucker, returnable to the Superior Court of Montgomery. On the 1st of February, 1875, (which was before the return day, and before any complaint was filed) Davis made an affidavit before the Clerk of the Superior Court, stating:
1. That a sufficient cause of action exists in his favor against the defendant, Tucker, the grounds of which are these ; —…
2Cited by7 opinions
- Wilson v. PearceCourt of Appeals of North Carolina · 1992
- Flippo v. HayesCourt of Appeals of North Carolina · 1990
- Bryan v. . StewartSupreme Court of North Carolina · 1898
- Gray v. GrayCourt of Appeals of North Carolina · 1976
- Koury v. John Meyer of NorwichCourt of Appeals of North Carolina · 1980
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