Overton v. . Combs
Supreme Court of North Carolina
Oxvil action, tried before Calvert, J., and a jury, at January Term, 1921, of WASHINGTON. The action is one for malicious prosecution, involving the arrest of present plaintiff, and was determined for plaintiff on the following issues and verdict : “1. Did defendant, S. M. Combs, cause the plaintiff, 0. W. Overton, to be arrested under process in the nature of an execution against the person in a suit brought by S. M. Combs against C. W. Overton in Tyrrell County, as alleged…
Read the full summary
Oxvil action, tried before Calvert, J., and a jury, at January Term, 1921, of WASHINGTON. The action is one for malicious prosecution, involving the arrest of present plaintiff, and was determined for plaintiff on the following issues and verdict : “1. Did defendant, S. M. Combs, cause the plaintiff, 0. W. Overton, to be arrested under process in the nature of an execution against the person in a suit brought by S. M. Combs against C. W. Overton in Tyrrell County, as alleged in the complaint ? Answer: ‘Yes.’ “2. Was such a process of execution against the person duly vacated and set aside…
1Opinion of the CourtHoee, J.
On the present trial there was evidence tending £o show that the present defendant had a note against plaintiff for $250, secured by chattel mortgage on an automobile and other articles of personal property, to wit, a cow and a mare and plaintiff’s crops for the then current year, consisting of cotton, corn, potatoes, etc. . That defendant instituted said former action and filed his verified complaint alleging indebtedness; that said Overton had disposed of all the personal property included in the mortgage other than the Ford car, with the fraudulent intent to hinder and delay plaintiff in…
2Cases cited9 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Carpenter, Baggott & Co. v. HanesSupreme Court of North Carolina · 1914
- Downing v. StoneSupreme Court of North Carolina · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1979
- J. Gilliam v. Kenneth SealeyCourt of Appeals for the Fourth Circuit · 2019
- Miller v. . GreenwoodSupreme Court of North Carolina · 1940
- RAYMOND U v. Duke UniversityCourt of Appeals of North Carolina · 1988
- Moore v. . WinfieldSupreme Court of North Carolina · 1935
7 more not listed; retrieve them via the Exa API.