Powell v. . Allen
Supreme Court of North Carolina
Civil ACTION, tried before Avery, J., at April Term, 1888, of FRANKLIN Superior Court. The plaintiffs brought their action in the Court of a Justice of the Peace against the present defendants, to recover possession of a mule and certain cotton, of greater value than $50, and under the ancillary proceedings of claim and delivery the property was delivered to the plaintiffs in that action, who are the plaintiffs in the present one.
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Civil ACTION, tried before Avery, J., at April Term, 1888, of FRANKLIN Superior Court. The plaintiffs brought their action in the Court of a Justice of the Peace against the present defendants, to recover possession of a mule and certain cotton, of greater value than $50, and under the ancillary proceedings of claim and delivery the property was delivered to the plaintiffs in that action, who are the plaintiffs in the present one. In the course of the action the Justice of the Peace dismissed the same, upon the ground that his Court had not jurisdiction of the cause of action, and gave…
1Opinion of the CourtMerrimon, J.
(after stating the case). It is not alleged that the judgment of restitution and the alternative judgment mentioned in the complaint, before it was amended, were in any respect improper or subject to valid objection. Indeed, inasmuch as the Justice of the Peace decided that he had no jurisdiction of the cause of action and dismissed the action, it was his duty to require the property, improperly seized and placed in the possession of the plaintiffs in that action, to be restored to the defendants therein, and in case of default in this respect that the value of the property be paid to them.
The…
2Cases cited9 opinions
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Kramer v. Thomson-Houston Electric Light Co.Supreme Court of North Carolina · 1886
- F. E. Winslow v. . Henry Weith, SheriffSupreme Court of North Carolina · 1872
- Manix v. . HowardSupreme Court of North Carolina · 1880
- Glover v. . FlowersSupreme Court of North Carolina · 1888
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3Cited by2 opinions
- Bolick v. RailroadSupreme Court of North Carolina · 1905
- Singer Sewing Machine Co. v. BurgerSupreme Court of North Carolina · 1921