Stein v. . Cozart
Supreme Court of North Carolina
Civil action to recover damages for the unlawful and wrongful conversion of a stock of goods belonging to plaintiff, brought by the latter against the defendant Cozart, as sheriff, and the other defendants, as makers of an indemnifying bond, and tried before Adams, J., and a jury at November Term, 1897, of G-ranville Superior Court. The facts appear in the opinion. There was a verdict for the plaintiff, and from the judgment thereon the defendants appealed.
1Opinion of the Court
Clark, J.:
The plaintiff’s goods were taken by defendant, Cozart, as sheriff of Granville county, on cer tain attachments issued at the instance of defendants, Baker, Ginsberg and others, in an action begun by them in Vance county against I. Stein. The defendant Co-zart, being informed that the plaintiff here'(Annie Stein) claimed to own the goods, refused to attach them till an indemnifying bond was given by The Fidelity and Deposit Co. of Maryland as surety (who is a defendant herein). The plaintiff intervened in said action and was adjudged the owner of the goods and, they having been sold…
2Cases cited1 opinion
- Davis v. . GarrettSupreme Court of North Carolina · 1843
3Cited by3 opinions
- Flowers v. SpearsSupreme Court of North Carolina · 1925
- Harris v. Dudley Lumber Co.Supreme Court of North Carolina · 1908
- Flowers v. . SpearsSupreme Court of North Carolina · 1925