A. McA. Council v. Averett
Supreme Court of North Carolina
• Civil ActiON tried at Spring Term, 1883, of BladeN Superior Court before JllaeRae, J. This was an action of claim and delivery brought by the plaintiff to recover certain personal property (cotton, corn, &c.) alleged to be wrongfully detained by the defendant. The case is stated in the opinion. There was judgment against the plaintiff and sureties on his undertaking for the sum of six hundred dollars and costs.
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• Civil ActiON tried at Spring Term, 1883, of BladeN Superior Court before JllaeRae, J. This was an action of claim and delivery brought by the plaintiff to recover certain personal property (cotton, corn, &c.) alleged to be wrongfully detained by the defendant. The case is stated in the opinion. There was judgment against the plaintiff and sureties on his undertaking for the sum of six hundred dollars and costs. The 'sureties complain of this, and say that judgment could not bo rendered against them unless in the event of a failure on the part of their principal to comply with • the…
1Opinion of the CourtSmith, C. J.
Upon the institution of this action, on December 4, 1882, under the provisions of The Code relating to claim and delivery (C. C. P., ch. 2), certain personal goods described in the plaintiff’s affidavit were seized by the sheriff and delivered to the plaintiff, he at the timo, with John T. Council and Mary Council, sureties, executing an undertaking “in the sum of $1,200 that the plaintiff shall prosecute the action, return the property to the defendant, if such return be adjudged, and pay to him such sum as may for any cause be recovered against the plaintiff in this action.” At spring term,…
2Cases cited2 opinions
- Manix v. . HowardSupreme Court of North Carolina · 1880
- Boylston Insurance Co. v. DavisSupreme Court of North Carolina · 1876
3Cited by12 opinions
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Wilkins v. WillimonSupreme Court of South Carolina · 1924
- Robbins v. . KillebrewSupreme Court of North Carolina · 1886
- Orange Trust Co. v. HayesSupreme Court of North Carolina · 1926
- V. Wallace & Sons v. RobinsonSupreme Court of North Carolina · 1923
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