Legal Opinion

Curtis v. . Cash

Supreme Court of North Carolina

Decided January 5, 1881PublishedCited by 15 opinions

Cxvíl Action tried at Spring Term, 1878, of Granville Superior Court, before Seymour, J. The action is to recover damages from the defendants for their forcible seizure and removal of a lot of tobacco, claimed by the plaintiff, and in his possession.

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Cxvíl Action tried at Spring Term, 1878, of Granville Superior Court, before Seymour, J. The action is to recover damages from the defendants for their forcible seizure and removal of a lot of tobacco, claimed by the plaintiff, and in his possession. It appeared from the evidence that the plaintiff, in the year 1877, leased from the defendant, Abner J. Veazey, a small one-horse farm, and cultivated the same under an agreement that the latter should furnish, in addition to the land, a horse to work it, and his feed, and that the plaintiff should supply the labor and whatever else was necessary…

1Opinion of the CourtSmith, C. J.

The points insisted on in the argument, for the appellants here, are :

1. The want of jurisdiction in the superior court to entertain the action ; and

2. The alleged error in refusing to give the instructions asked.

We are clearly of opinion with his Plonor, that upon the undisputed facts disclosed in the testimony, the plaintiff was entitled to a verdict. The parties were under their agreement constituted partners in the making the crop, the one contributing the land and the horse and his feed ; the other his labor and attention and whatever else might be required in making and gathering the…

2Cases cited1 opinion

  1. Kidder v. . McIlhennySupreme Court of North Carolina · 1879

3Cited by15 opinions

  1. Walker v. . ScottSupreme Court of North Carolina · 1890
  2. McDonald v. . CarsonSupreme Court of North Carolina · 1886
  3. Moore v. . HillSupreme Court of North Carolina · 1881
  4. Day v. . StevensSupreme Court of North Carolina · 1883
  5. Jordan v. . BryanSupreme Court of North Carolina · 1889

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