Smith v. Currie
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Eastern District, oí North Carolina, at Newbern; Henry G. Connor, judge. Action by Benjamin C. Currie ánd others against Grover D. Smith. From a judgment for plaintiffs, defendant appeals.
1Per curiam
In this case the court is constrained of its own motion to raise the question of jurisdiction. The suit is brought to recover possession, alleged to be wrongfully withheld by the defendant below, of certain specified articles of personal property. It is plainly an action at law, known as “claim and delivery” under the Code of North Carolina. Revisal 1905, §§ 790-802. It was tried to a jury and judgment entered on a verdict for the plaintiff. The defendant thereupon prayed an appeal to the Circuit Court of Appeals, which was granted by the trial judge. A bond was given and citation issued to…
2Cases cited11 opinions
- United States v. CurrySupreme Court of the United States · 1848
- Barry v. MerceinSupreme Court of the United States · 1847
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Jehiel Brooks, in Error v. Samuel NorrisSupreme Court of the United States · 1851
- Old Nick Williams Co. v. United StatesSupreme Court of the United States · 1910
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3Cited by1 opinion
- Clen v. JorgensenCourt of Appeals for the Third Circuit · 1920