Legal Opinion

Garrett v. . Chesire

Supreme Court of North Carolina

Decided June 5, 1873PublishedCited by 6 opinions

Civil action for the delivery of personal property, tried before Watts, J., at the Spring Term, 1863, of Chowan Superior Court.

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Civil action for the delivery of personal property, tried before Watts, J., at the Spring Term, 1863, of Chowan Superior Court. On the 10th May, 1871, certain executions issued against the plaintiff from Chowan Superior Court, on debts contracted since the adoption of the Constitution in 1868. The property in controversy with other property, including a 'horse, was claimed and allotted to the plaintiff as his “personal ■■property exemption,” under the 10th article of the Constitution, and the Acts of the General Assembly relating thereto, and the said executions were returned endorsed, “…

1Opinion of the CourtReade, J.

The complaint alleges that on the 3rd of June, 1871, the plaintiff “ was the owner and in possession, of one bay horse and one black mule, of the value of $300 ;, that on that day the defendant unlawfully took the same from his posession and converted them to his own use.”' There is nothing else alleged in the complaint.

The answer, after objecting to the want of a summons,' “ denies all the allegations in the complaint.” There is-nothing else in the answer.

The case states that the property in controversy had been allotted to the plaintiff, as his personal property exemption: as against…

2Cases cited3 opinions

  1. Bronson v. KinzieSupreme Court of the United States · 1843
  2. Planters' Bank v. SharpSupreme Court of the United States · 1848
  3. Aaron Ladd v. . Jesse P. AdamsSupreme Court of North Carolina · 1872

3Cited by6 opinions

  1. Travelers Insurance v. MarshallTexas Supreme Court · 1934
  2. Barrett v. . RichardsonSupreme Court of North Carolina · 1877
  3. Edwards v. . KearseySupreme Court of North Carolina · 1876
  4. Edwards v. KearseySupreme Court of North Carolina · 1876
  5. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934

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