McLean v. . Douglass
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Anson County, at the Fall Term, 1845, His Honor Judge Caldwell presiding. The plaintiff sued out an attachment against the defendant, which was levied upon a carriage. Upon the return of the levy, Thomas Waddill interpleaded and claimed the carriage as his property.
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Appeal from the Superior Court of Law of Anson County, at the Fall Term, 1845, His Honor Judge Caldwell presiding. The plaintiff sued out an attachment against the defendant, which was levied upon a carriage. Upon the return of the levy, Thomas Waddill interpleaded and claimed the carriage as his property. Upon executing the enquiry, evidence was given to the Jury, that, since the institution of the proceedings in the case, the article in dispute had been destroyed by the plaintiff, and the jury were directed by the Court, if they found the fact to be so, to give Waddill a verdict for its…
1Opinion of the CourtNash, J.
In the direction given to the jury by his Honor there was error. The only question submitted to the' jury was, as to the title to the carriage — their only en-quiry whether it belonged to Waddill, for if it did not belong to him, his claim to interplead was falsified, andi the plaintiff was entitled, as against him, to a judgment for his costs in contesting it. The argument, which has1 been submitted, to us, may be very satisfactory, to shew that the attachment law needs amendment in this particular ; but it has failed to convince us, that we have the, power to apply the remedy.. The…
2Cited by4 opinions
- Temple v. . LabergeSupreme Court of North Carolina · 1922
- Barrett v. ShipleyMontana Supreme Court · 1922
- Dawson v. Thigpen.Supreme Court of North Carolina · 1905
- Forbis v. Piedmont Lumber Co.Supreme Court of North Carolina · 1914