Powell v. . Hill
Supreme Court of North Carolina
Action, with claim and delivery, tried before Watts, J., .at Fall Term 1869 of Halifax Court. The plaintiff complained that he was the owner of a certain quantity of corn and fodder, which he had deposited with •one Brodie for storage; that in February 1869, Brodie left the premises where the articles were stored, and the defendant took possession, and afterwards refused to deliver them to plaintiff, and thereupon, he demanded judgment for the goods, or the value thereof,…
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Action, with claim and delivery, tried before Watts, J., .at Fall Term 1869 of Halifax Court. The plaintiff complained that he was the owner of a certain quantity of corn and fodder, which he had deposited with •one Brodie for storage; that in February 1869, Brodie left the premises where the articles were stored, and the defendant took possession, and afterwards refused to deliver them to plaintiff, and thereupon, he demanded judgment for the goods, or the value thereof, with damages. The defendant .answered: 1st, 'That defendant does not detain the said goods 2nd. That plaintiff is not the…
1Opinion of the CourtEodman, J.
(After stating the facts as above,) by Sect. 249, C. C. P., the Court may give the plaintiff “ any relief consistent with the case made by the complaint, and embraced within the issue.” The plaintiff in this case demands the recovery of specific goods, or the value thereof. It may be conceded that if entitled to either the one relief or the other, that is to say, if he could have recovered either in an action of detinue or trover, he is entitled to judgment. He is not entitled to any specific goods, because the only goods which he claims, are blended in a mass with others, from which they are…
2Cited by6 opinions
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- Grim v. . WickerSupreme Court of North Carolina · 1879
- Shearin v. . RiggsbeeSupreme Court of North Carolina · 1887
- Barham v. . PerrySupreme Court of North Carolina · 1933
- Dubose v. HarpeSupreme Court of North Carolina · 1954
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