Penland v. . Leatherwood
Supreme Court of North Carolina
This is a civil action, which was tried before MacRae, /., at Spring Term, 1888, of Haywood Superior Court. The plaintiff alleged that as constable he levied certain warrants of attachment and an execution against the personal property in his hands, upon the stock of goods mentioned and specified in the complaint, and that while the same was so levied upon by him and in his possession, the defendant wrongfully seized and forcibly took the same from him, and devoted the same…
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This is a civil action, which was tried before MacRae, /., at Spring Term, 1888, of Haywood Superior Court. The plaintiff alleged that as constable he levied certain warrants of attachment and an execution against the personal property in his hands, upon the stock of goods mentioned and specified in the complaint, and that while the same was so levied upon by him and in his possession, the defendant wrongfully seized and forcibly took the same from him, and devoted the same to his own purpose, &c., &c. The defendant denied all the material - allegations of the complaint, and alleged that he,…
1Opinion of the CourtMerrimon, J.
(after stating the case.) The first exception is without force. It was neither necessary nor proper to mention or to make any allegation in the complaint in respect to the warrant of attachment mentioned. They were produced on the trial as evidence explanatory how the plaintiff came to have possession at first of the property in controversy. It may be that they were unnecessary for that purpose, but no objection was made on that ground. It is not proper, ordinarily, to allege in the pleadings merely evidential facts, whether documentary or otherwise, or the evidence of the plaintiff’s cause…
2Cited by5 opinions
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