Rankin v. Oates
Supreme Court of North Carolina
Appeal by botb plaintiff and defendant from Bay, J., at December Term, 1921, of Gaston. Civil action to recover damages for an alleged wrongful conversion of plaintiff’s automobile.
Read the full summary
Appeal by botb plaintiff and defendant from Bay, J., at December Term, 1921, of Gaston. Civil action to recover damages for an alleged wrongful conversion of plaintiff’s automobile. Upon denial of liability and issues joined, tbe jury returned tbe following verdict: “1. Did tbe defendant wrongfully convert to bis own use tbe property of tbe plaintiff, as alleged in tbe complaint? Answer: ‘Yes.’ “2. Is tbe plaintiff’s cause of action barred by tbe statute of limitations? Answer:‘No.’ “3. What damages is tbe plaintiff entitled to recover by reason of tbe conversion of said car? Answer:…
1Opinion of the CourtStacy, J.
Tbe court was without authority to reverse tbe jury’s finding on tbe second issue, answer it himself, and then render judgment on tbe verdict as amended. Garland v. Arrowood, 177 N. C., 373; Sprinkle v. Wellborn, 140 N. C., 163; Hemphill v. Hemphill, 99 N. C., 436. And it has been held that, after verdict, tbe same may be set aside and tbe plaintiff’s suit dismissed by tbe trial court only for want of jurisdiction, or upon tbe ground that no cause of action is stated in tbe complaint. Riley v. Stone, 169 N. C., 422. A different course seems to have been pursued in Davis v. R. R., 170 N. C.,…
2Cases cited13 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Settee v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1915
8 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- In Re Will of TurnageSupreme Court of North Carolina · 1935
- Hooper v. Carr Lumber Co.Supreme Court of North Carolina · 1939
- Solon Lodge No. 9 Knights of Pythias Co. v. Ionic Lodge Free Ancient & Accepted, Masons No. 72 Co.Supreme Court of North Carolina · 1957
47 more not listed; retrieve them via the Exa API.