Kirkham v. . Coe and Causey
Supreme Court of North Carolina
This was an action on the case for wrongfully sueing out Attachments, tried before his Honor, Judge Manly, at the Spring Term, 1854, of Guilford Superior Court. The plaintiff introduced a witness by the name of Sidenham, who proved that, at the request of Wesley Coe, he went, shortly after daylight, on Monday morning, to plaintiff’s house, and he assisted the defendant, Wesley, to remove from the crib of the plaintiff some thirty-five or forty bushels of corn.
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This was an action on the case for wrongfully sueing out Attachments, tried before his Honor, Judge Manly, at the Spring Term, 1854, of Guilford Superior Court. The plaintiff introduced a witness by the name of Sidenham, who proved that, at the request of Wesley Coe, he went, shortly after daylight, on Monday morning, to plaintiff’s house, and he assisted the defendant, Wesley, to remove from the crib of the plaintiff some thirty-five or forty bushels of corn. This defendant assigned as a reason for going so early, that he expected that others would be at the crib that morning, and that he…
1Opinion of the CourtPearson, J.
From the manner in which the case was put to the jury, the defendants are entitled to have the benefit of every inference of fact that the jury was at liberty to draw from the evidence.
But we fully concur with his Honor, that even in the most favorable point of view, the defendants had no probable cause to believe, that the plaintiff “ was fraudulently eluding the ordinary process of law, or bad privately removed, or so absconded, absented or concealed himself, that the ordinary process of law tould not be served on him.” Abrams v. Pender, Busb. 261.
We are bound in charity to suppose that, at…
2Cited by10 opinions
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- Wright v. . HarrisSupreme Court of North Carolina · 1912
- Chatham Estates v. American National BankSupreme Court of North Carolina · 1916
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