Harker v. . Arendell
Supreme Court of North Carolina
This was a civil action- for the claim and delivery of personal property, tried before MoKoy, J-, at August Term, 1875, of Caeteeet Superior Court. The action was brought by the plaintiff to recover possession of a mare, alleged to be unlawfully detained by the defendant.
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This was a civil action- for the claim and delivery of personal property, tried before MoKoy, J-, at August Term, 1875, of Caeteeet Superior Court. The action was brought by the plaintiff to recover possession of a mare, alleged to be unlawfully detained by the defendant. The mare was replevied by the sheriff, and re-delivered to the defendant, upon an undertaking being filed in accordance with the statute, by one Edward E. Perry, from whom the defendant claimed to derive his title. Upon the trial of the cause, the jury found all the issues in favor of the plaintiff, and assessed tbe value of…
1Opinion of the Court
Peaksox, 0. J.
The power of the court to render a summary judgment against the sureties on the undertaking, is settled by the case of Boy ston Insurance Co. v. Davis, at this term.
"We are not aware of any precedent other at law or in equity, or under the mixed mode of procedure introduced by C. 0. Pi, which will sustain the order made by his Honor, on affi lavit, directing the Clerk not to issue execution against Arendell (the defendant in the action) until further order.
The plaintiff had obtained a judgment against Arendell for the pun¡¡, anl was entitle.! to the specific article and the…
2Cited by3 opinions
- Moore v. HumphreySupreme Court of North Carolina · 1958
- V. Wallace & Sons v. RobinsonSupreme Court of North Carolina · 1923
- Nimocks v. . PopeSupreme Court of North Carolina · 1895