Legal Opinion

State v. . Pender

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 5 opinions

INDICTMENT for a Misdemeanor, in removing crop on which there was a lien, tried at Spring Term, 1880, of Edgecombe Superior Court, before Gudger, J. The charge was substantially as follows : The jurors, etc., present that defendant agreed with one Newman to cultivate on a certain parcel of land (belonging to Newman) there situate, during the year 1878, a crop of cotton and corn and to divide said crop with Newman, the defendant to have all the cotton except two bales, and…

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INDICTMENT for a Misdemeanor, in removing crop on which there was a lien, tried at Spring Term, 1880, of Edgecombe Superior Court, before Gudger, J. The charge was substantially as follows : The jurors, etc., present that defendant agreed with one Newman to cultivate on a certain parcel of land (belonging to Newman) there situate, during the year 1878, a crop of cotton and corn and to divide said crop with Newman, the defendant to have all the cotton except two bales, and Newman to have two bales as his part; and by said contract it was not agreed between said parties that the crop should not…

1Opinion of the CourtSmith, C. J.

The defendant is charged with the removal of a portion of the crop grown on rented land, without the •consent or knowledge of his lessor and before the rent in kind (attaching as a lien thereto) had been delivered, contrary to the provisions of the act of March 12th, 1877, entitled, “ an act to amend the landlord and tenant act.” On the trial the defendant was found guilty and from the judgment thereon appeals to this court.

No statement of the facts accompanies the appeal, and no errors are assigned in the record, while upon the certificate of counsel that in their opinion the defendant has…

2Cases cited1 opinion

  1. Harrison v. . RicksSupreme Court of North Carolina · 1874

3Cited by5 opinions

  1. State v. . PowellSupreme Court of North Carolina · 1886
  2. Livingston v. . FarishSupreme Court of North Carolina · 1883
  3. State v. . SmithSupreme Court of North Carolina · 1890
  4. State v. SmithSupreme Court of North Carolina · 1890
  5. State v. SmithSupreme Court of North Carolina · 1890

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