Caldwell Land & Lumber Co. v. Hayes
Supreme Court of North Carolina
Appeal from Biggs, J., at March Term, 1911, of Meciclek-bueg. The plaintiff instituted two actions against the defendant. , In the complaint in the first it alleges that it is the owner in fee of a certain tract of land; that the defendant has unlawfully-entered on a part thereof, under some pretended claim of title, which is void, and has cut timber thereon to its damage $300, and it demands that it be declared the owner of the land and recover $300 damages and costs.
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Appeal from Biggs, J., at March Term, 1911, of Meciclek-bueg. The plaintiff instituted two actions against the defendant. , In the complaint in the first it alleges that it is the owner in fee of a certain tract of land; that the defendant has unlawfully-entered on a part thereof, under some pretended claim of title, which is void, and has cut timber thereon to its damage $300, and it demands that it be declared the owner of the land and recover $300 damages and costs. In the second, the allegations are in substance as those contained in the first complaint, except another entry and trespass…
1Opinion of the CourtAlleN, J.
It is admitted tbat tbe trespasses complained of occurred within three years prior to tbe commencement of this action, and tbat tbe plaintiff may recover damages therefor, unless a recovery is prevented by tbe fact tbat this action was not instituted within twelve months after a judgment of nonsuit in another action between tbe same parties, on tbe same cause of action.
Tbe defendant relies on section 370 of tbe Eevisal, providing tbat a new action may be commenced within twelve months after judgment of nonsuit, and insists tbat it is a limitation on tbe right of action; but it was expressly…
2Cases cited1 opinion
- Meekins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
3Cited by10 opinions
- State v. . DixonSupreme Court of North Carolina · 1939
- State v. DixonSupreme Court of North Carolina · 1939
- Whitehurst v. VIRGINIA DARE TRANSPORTATION CO., INC.Court of Appeals of North Carolina · 1973
- Allen v. . GaribaldiSupreme Court of North Carolina · 1924
- Stanley v. . Lumber CoSupreme Court of North Carolina · 1922
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