Scottish Carolina Timber & Land Co. v. Brooks
Supreme Court of North Carolina
Civil ACTION, commenced before a Justice of the Peace and tried at March Term, 1891, of Buncombe Superior Court, Brown, J, presiding. The plaintiff brought this action in the court of a Justice of the Peace to recover $200, money realized by the defendant for certain timber logs of the plaintiff, which, it is alleged, he took, used and sold, etc. The pleadings raised issues of fact.
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Civil ACTION, commenced before a Justice of the Peace and tried at March Term, 1891, of Buncombe Superior Court, Brown, J, presiding. The plaintiff brought this action in the court of a Justice of the Peace to recover $200, money realized by the defendant for certain timber logs of the plaintiff, which, it is alleged, he took, used and sold, etc. The pleadings raised issues of fact. On the trial the evidence, more or less conflicting, tended to prove that the defendant got, used and sold divers logs of the plaintiff; sold some of them and sold the lumber of others, and realized therefor a sum…
1Opinion of the CourtMerkimoN, C. J.
-after stating the case: It appears from the record sufficiently that the plaintiff did not sue for a tort or the conversion of the logs mentioned in the pleadings; he waived the tort, as he might do, and “sues to recover the proceeds of the sale of certain logs,” which the plaintiff alleged belonged to it, and which the defendant took, used and sold, getting the money therefor, etc. The purpose of this action is to recover that sum of money.
The plaintiff having waived the tortious taking'of the logs, be might sue for and recover in the court of a Justice of the Peace such sum of money as the…
2Cases cited4 opinions
- Bullinger v. . MarshallSupreme Court of North Carolina · 1874
- Wall v. . WilliamsSupreme Court of North Carolina · 1884
- Edwards v. . CowperSupreme Court of North Carolina · 1888
- McDonald v. Cannon, Wadsworth & Co.Supreme Court of North Carolina · 1880
3Cited by6 opinions
- Sams v. . PriceSupreme Court of North Carolina · 1896
- Brittain v. . PayneSupreme Court of North Carolina · 1896
- Parker v. Southern Express Co.Supreme Court of North Carolina · 1903
- Higgs-Taft Furniture Co. v. ClarkSupreme Court of North Carolina · 1926
- Mitchem v. . PasourSupreme Court of North Carolina · 1917
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