Phillips v. . Holland
Supreme Court of North Carolina
MotioN by plaintiff to amend Process, heard at Chambers in Salisbury, on the 10th of May, 1877, before Kerr, J. This motion was made in an action of claim and delivery .instituted in-Davie Superior Court by the plaintiff against the defendant for the recovery of two mules alleged to be illegally detained by the defendant, a resident of Davidson County.
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MotioN by plaintiff to amend Process, heard at Chambers in Salisbury, on the 10th of May, 1877, before Kerr, J. This motion was made in an action of claim and delivery .instituted in-Davie Superior Court by the plaintiff against the defendant for the recovery of two mules alleged to be illegally detained by the defendant, a resident of Davidson County. From the evidence His Honor found the following facts:— The summons was issued on the 27th of April, 1872, and on the same day the plaintiff having filed a proper affidavit and sufficient bond, the Clerk of the Superior Court of Davie also…
1Opinion of the CourtRodman, J.
The alteration in the summons and requisition was not the act of an unauthorized person, in which case it might have been stricken out and the original reading restored ; but it was made by the Clerk who issued them at the instance of the plaintiff. When they were altered by being directed to the Sheriff of Forsythe, they became new and original process of the same force and effect as if they had been originally written as they then stood. Whether the alteration relieved the Sheriff of Davidson from, any liability previously-incurred by him it is unnecessary to say. When these papers were…
2Cited by6 opinions
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Morton v. Blue Ridge Insurance CompanySupreme Court of North Carolina · 1959
- State v. . LewisSupreme Court of North Carolina · 1919
- Ex parte WorleyDistrict Court, W.D. North Carolina · 1884
- Bank v. . WilliamsonSupreme Court of North Carolina · 1841
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