Harrison v. . Hoff
Supreme Court of North Carolina
Civil action, tried before MacRae, J., at Fall Term, 1888, of Wasi-iiNGton Superior Court. Plaintiffs appealed. The following is the case agreed, as settled by the parties: “ This was a civil action, for ihe recovery of certain timber logs alleged to have been cut and carried by the defendant Ploff from the land of plaintiff.”
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Civil action, tried before MacRae, J., at Fall Term, 1888, of Wasi-iiNGton Superior Court. Plaintiffs appealed. The following is the case agreed, as settled by the parties: “ This was a civil action, for ihe recovery of certain timber logs alleged to have been cut and carried by the defendant Ploff from the land of plaintiff.” The following issues were agreed upon : “1. Are the plaintiffs the owners and entitled to the possession of the personal property described in the complaint? “2. Does the defendant wrongfully withhold the same from the plaintiffs? “3. What damage have plaintiffs…
1Opinion of the CourtAvery, J.
An action between the same parties to recover the same land and damages for detention (including the value of timber cut down or destroyed), was brought to the Fall Term, 1887, of the same Court in which this cause was tried, and judgment in favor of the plaintiff, for the recovery of the land and nominal damages, was rendered at the Fall Term, 1888. Therefore, if the defendant had set up the estoppel as a defence in his answer, it would have barred the plaintiff’s right of action, as plaintiff contended on the argument. Yates v. Yates, 81 N. C., 397; Tuttle v. Harrill, 85 N. C., 456; Gay v.…
2Cases cited4 opinions
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- Yates v. . YatesSupreme Court of North Carolina · 1879
- Gay v. . StancellSupreme Court of North Carolina · 1877
- Ray v. . GardnerSupreme Court of North Carolina · 1880
3Cited by10 opinions
- Hicks v. . BeamSupreme Court of North Carolina · 1893
- Williams v. Hutton & Bourbonnais Co.Supreme Court of North Carolina · 1913
- Gibson v. . GordonSupreme Court of North Carolina · 1938
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Baxter v. . IrvinSupreme Court of North Carolina · 1912
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