Aydlett v. . Elizabeth City
Supreme Court of North Carolina
Civil actioN tried before Greene, J.: at July, 1897, Special Term of Pasquotank Superior Court, on appeal from a judgment of a Justice of the Peace.
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Civil actioN tried before Greene, J.: at July, 1897, Special Term of Pasquotank Superior Court, on appeal from a judgment of a Justice of the Peace. The facts were agreed to and were as follows: “That E. F. Aydlett owned a farm about four miles from ^Elizabeth City and had upon the farm among other things a lot of cattle, all of which property and farm was in the possession of J. B. Sylvester, who was in charge of the farm and the stock; that E. P. Aydlett, who lives in Elizabeth City, did not look after the stock in any way, and did not know all the stock, and especially did not know the cow…
1Opinion of the Court
Montgomery, J.:
The plaintiff acquired a good title to the cow at the sale made by the town authorities. - If the plaintiff’s contention that the animal, belonged to a nonresident of.the town, who lived four miles away, and that the owner could not under Section 2 of Chapter 141 of the Acts of 1895 be made to pay any poundage or penalty for the first three times of impounding should be conceded to be true the cow certainly could have been sold under the town ordinance for the cost of feeding her while impounded. The charges for feeding can not, under the Act referred to, be embraced in the…
2Cited by2 opinions
- Archer v. . JoynerSupreme Court of North Carolina · 1917
- Owen v. Town of WilliamstonSupreme Court of North Carolina · 1916