Holmes v. . Godwin
Supreme Court of North Carolina
Civil aotioN for the claim and delivery of personal property, heretofore decided in this Court at June Term, 1873, (69 N. 0. Rep., 467,) and sent down to the Superior Court of OuM-b sel AND, where it was again tried by Buxton, J., at Spring Term, 1874. The facts are fully set out in the report of the case in 69 N. C. Rep., 467. Upon the return of the case to the Superior (Court of Cumberland, for a new trial, the defendant obtained leave of the Court to amend his answer,…
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Civil aotioN for the claim and delivery of personal property, heretofore decided in this Court at June Term, 1873, (69 N. 0. Rep., 467,) and sent down to the Superior Court of OuM-b sel AND, where it was again tried by Buxton, J., at Spring Term, 1874. The facts are fully set out in the report of the case in 69 N. C. Rep., 467. Upon the return of the case to the Superior (Court of Cumberland, for a new trial, the defendant obtained leave of the Court to amend his answer, substituting more explicit denials of the allegations in the complaint, for the general ■one, “that no part of the…
1Opinion of the CourtBynum, J.
This is an action for ,the claim and delivery of personal property, instituted by the plaintiff’s intestate.
1. The defendant denied the plaintiff’s title and claimed the return of the corn which had been delivered to the intestate by the Sheriff. On the trial two issues were submitted to the .i>y-
L. Was any rent due to the plaintiff: and
2. If not, what was the amount and value of the corn taken and. the damages for the detention. The jury found that no-rent was due, and that 125 bushels of corn were taken, worth $1.25; per bushel, at the time of the taking, and judgment was given for $136.25…
2Cases cited1 opinion
- Holmes, Ex'r v. . GodwinSupreme Court of North Carolina · 1873
3Cited by18 opinions
- Lake v. BenderNevada Supreme Court · 1884
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Table Rock Lumber Co. v. BranchSupreme Court of North Carolina · 1911
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Juliano v. AbelesSupreme Court of New Jersey · 1935
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