Barnes v. . Saleeby
Supreme Court of North Carolina
Appeal by defendants from Bond, J., at February Term, 1919, of WlLSON. This action — summary proceedings in ejectment — was begun before a justice of the peace in "Wilson County on 2 January, 1919, and heard the same day. Judgment for possession and for costs was rendered, -from which the defendant in open court, 2 January, 1919, gave notice of appeal to the Superior Court, and filed with the justice a bond to stay execution.
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Appeal by defendants from Bond, J., at February Term, 1919, of WlLSON. This action — summary proceedings in ejectment — was begun before a justice of the peace in "Wilson County on 2 January, 1919, and heard the same day. Judgment for possession and for costs was rendered, -from which the defendant in open court, 2 January, 1919, gave notice of appeal to the Superior Court, and filed with the justice a bond to stay execution. The next ensuing regular term of the Superior Court was scheduled by statute to be held the week beginning 13 January, 1919. The judge did not attend that term of the…
1Opinion of the CourtClark, C. J.
The defendants entered into the possession of a store' on Nash Street, in Wilson, on 1 January, 1914, under a written lease, by the terms of which the defendants were to make certain repairs, in consideration of which they were to enjoy the occupancy of the premises at a stipulated rent for a term of five years ending 31 December, 1918.
In the answer of the defendants to the motion made'in this Court to dismiss the appeal, the defendants say .that after the repairs had been made and they had been in the possession of the property for two years or more, they approached the plaintiff, E. T.…
2Cases cited11 opinions
- Blair v. Coakley.Supreme Court of North Carolina · 1904
- Davenport v. GrissomSupreme Court of North Carolina · 1893
- Johnson v. Andrews.Supreme Court of North Carolina · 1903
- Ballard v. . GaySupreme Court of North Carolina · 1891
- Product Company v. Dunn.Supreme Court of North Carolina · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Choate Rental Co. v. JusticeSupreme Court of North Carolina · 1937
- Barbee v. . LambSupreme Court of North Carolina · 1945
- State v. . FlemingSupreme Court of North Carolina · 1933
- First Nat. Bldg. Corp. v. HarrodCourt of Appeals for the Tenth Circuit · 1949
- Starr Electric Co. v. Lipe Motor Lines, Inc.Supreme Court of North Carolina · 1948
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