Robeson v. Lewis
Supreme Court of North Carolina
Civil aotioN, tried before Russell, J., at Spring Term, 1874, Bladen Superior Court. The complaint alleged : That previous to the commencement of this action, the plaintiff commenced an action against the defendant, David lewis, for the recovery of real estate, and damages for withholding the same.
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Civil aotioN, tried before Russell, J., at Spring Term, 1874, Bladen Superior Court. The complaint alleged : That previous to the commencement of this action, the plaintiff commenced an action against the defendant, David lewis, for the recovery of real estate, and damages for withholding the same. Before answering the complaint in said action, the said defendant, and the defendant Robert M. Devane, executed under their hands and seals, and filed with the Clerk of the Superior Court of Bladen county, a bond whereby they bound themselves, their heirs, executors, administrators and assigns in…
1Opinion of the CourtByNum, J.
1. The parties are not the same in this as in the former action, nor is the cause of action the same. The liability of the defendants, by the express provisions of the bond, was a contingent one, dependent upon the failure of the defendant, Lewis, to pay damages which should be assessed against him in the action for the recovery of the land. This action, therefore, was properly brought.
2. The objection to the regularity of the verdict is put to rest, adversely to the defendant by the decision of this Court in the ease of Willoughby v. Threadgill, 72 N. C. 438, and many other cases. Indeed,…
2Cases cited1 opinion
- Willoughby v. . ThreadgillSupreme Court of North Carolina · 1875
3Cited by3 opinions
- State Ex. Rel. Petty v. RousseauSupreme Court of North Carolina · 1886
- Wright v. . HemphillSupreme Court of North Carolina · 1879
- McMinn v. . PattonSupreme Court of North Carolina · 1885