Spencer v. . Bell
Supreme Court of North Carolina
This was an Action of claim and delivery to recover “ one certain lot of com, in the barn on the Bell farm,” of the alleged value of forty-five dollars, originally commenced before a Justice of the Peace, in the county of Beaufort, and carried by appeal to the Superior Court of that county, and tried before Bryan, J., at the February, Term, 1891. The affidavit required in the application for the delivery of the possession of the corn is signed as follows: “ J. M. Spencer,…
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This was an Action of claim and delivery to recover “ one certain lot of com, in the barn on the Bell farm,” of the alleged value of forty-five dollars, originally commenced before a Justice of the Peace, in the county of Beaufort, and carried by appeal to the Superior Court of that county, and tried before Bryan, J., at the February, Term, 1891. The affidavit required in the application for the delivery of the possession of the corn is signed as follows: “ J. M. Spencer, per D. M. Spencer. Sworn before me, this first day of February, 1889. W. D. Saddler, J. P.” In the transcript of the…
1Opinion of the Court
Davis. J :
The first exception is to the refusal of his Honor to dismiss the claim and delivery proceeding, because the affidavit, purported to have been made by the plaintiff J. M. Spencer, per D. M. Spencer.
The Code, § 322, provides that the requisite affidavit shall be made “by the plaintiff or some one in his behalf." The essential requisite is, that an affidavit shall be made by the plaintiff or some one on his behalf, that the facts on which the application is based are true, and while the affidavit should have been signed by D. M. Spencer, agent for or on behalf of J. M. Spencer, it…
2Cases cited2 opinions
- Taylor v. . HodgesSupreme Court of North Carolina · 1890
- Horton v. . HorneSupreme Court of North Carolina · 1888
3Cited by1 opinion
- Johnson v. Clutter Music HouseSupreme Court of Florida · 1908