Rippey v. . Miller
Supreme Court of North Carolina
ActioN of Trespass q. o. /., tried before his Honor Judge Caldwell, at the Fall Term, 185b, of Cleaveland Superior Court. This case was before this Court at the August Term, 1850, 11 Ired.
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ActioN of Trespass q. o. /., tried before his Honor Judge Caldwell, at the Fall Term, 185b, of Cleaveland Superior Court. This case was before this Court at the August Term, 1850, 11 Ired. Rep. 247. The trespass alleged was, that the defendant’s intestate entered upon the plaintiff’s land in the night time, in July 1844, and set fire to the plaintiff’s machine house, which contained a Wheat Thrasher, Cotton Gin, a quantity of Wheat, Cotton, Straw, and other articles all of which were destroyed by the fire, and also that the defendant’s intestate at the same time entered into the plaintiff’s…
1Opinion of the CourtNash, C. J.
No declaration has been filed, and in such case, it is the practice of the Court to consider such declaration filed, as meets the facts stated in the case. This rule is adopted to prevent surprise on a plaintiff from the loose manner in which the pleadings are conducted on the circuit. The declarations in this case we consider as having several counts, and one for the killing of the horse. The first objection raised by the defendant, was that as this is a case of circumstantial testimony, the jury must be satisfied, beyond a reasonable doubt, of the guilt of the intestate, and unless the…
2Cited by11 opinions
- State v. . StiwinterSupreme Court of North Carolina · 1937
- State v. . JonesSupreme Court of North Carolina · 1939
- Missouri, K. & T. Ry. Co. v. SimerlySupreme Court of Oklahoma · 1919
- Griner v. SmithCourt of Appeals of North Carolina · 1979
- State v. . AllenSupreme Court of North Carolina · 1929
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