Boylston Insurance Co. v. Davis
Supreme Court of North Carolina
Civil actio» for the claim and delivery of personal property, tried before MoKoy, The suit was brought to recover certain iron, alleged to be the property of the plaintiffs.
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Civil actio» for the claim and delivery of personal property, tried before MoKoy, The suit was brought to recover certain iron, alleged to be the property of the plaintiffs. The case was before this court at Jauuary Term, 1873, upon an appeal by the defendant, and is reported in 68 N. C. Rep., 17, and was before the court again at January Term, 1874, upon an appeal by the plaintiffs, and was reported in 70 N. C. Rep., 485. Upon the hearing of the case in this court at January Term, 1874, a new trial was granted the appellants. The cause was thereupon continued from term to term in the…
1Opinion of the CourtPeaksoN, C. J.
At common law an action of replevin could only be maintained when the defendant had taken the property out of the possession of the plaintiff, and was in possession at the commencement of the action; in which case the property was put back into, the possession of the plaintiff, he giving bond to return it to the defendant if he failed to show on the trial of the action that the defendant had wrongfully taken the property.
The statute, Rev. Code, chap. 98, “Replevin,” extends the action to cases in which, detinue or trover will lie, when the defendant is in possession at the commencement of the…
2Cases cited1 opinion
- Clerk's Office v. . HuffstellerSupreme Court of North Carolina · 1872
3Cited by7 opinions
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Hall v. . TillmanSupreme Court of North Carolina · 1889
- A. McA. Council v. AverettSupreme Court of North Carolina · 1884
- Patton v. . GashSupreme Court of North Carolina · 1888
- Featherston v. . WilsonSupreme Court of North Carolina · 1898
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