Tyler v. . Mahoney
Supreme Court of North Carolina
Appeal by plaintiff from Connor, J., at February Term, 1914, of Bertie. This is a civil action for damages for wrongfully and illegally attacbing tbe plaintiff’s property.
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Appeal by plaintiff from Connor, J., at February Term, 1914, of Bertie. This is a civil action for damages for wrongfully and illegally attacbing tbe plaintiff’s property. Tbe following issues were submitted to tbe court by the plaintiff and accepted by tbe defendants, towit: 1. Did tbe defendants wrongfully, unlawfully, and without probable cause, attach tbe property of tbe plaintiff, as alleged in tbe complaint? 2. If tbe defendants wrongfully, unlawfully, and without probable cause, attached tbe property of tbe plaintiff, as alleged in tbe complaint, has tbe plaintiff been damaged thereby…
1Opinion of the CourtBeowN, J.
It appears from tbe evidence in this case tbat tbe plaintiff was indebtéd to tbe defendant in tbe Spring of 1903 in tbe sum of $537. In September of tbat year tbe defendant sued out a writ of attachment and levied it upon tbe plaintiff’s crop and other property, which property, it seems, was sold and applied to tbe defendant’s debt.
Upon tbe return of tbe writ of attachment before Qooke, Judge, tbe writ was vacated and tbe property attached ordered to be restored to tbe defendant in tbe attachment. Tbe defendant in tbe attachment, Tyler, moved in tbe cause for a judgment on tbe undertaking in…
2Cases cited6 opinions
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Wilkinson v. . WilkinsonSupreme Court of North Carolina · 1912
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
- R. R. v. . Hardware Co.Supreme Court of North Carolina · 1905
- Sneeden v. . HarrisSupreme Court of North Carolina · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Carson v. DoggettSupreme Court of North Carolina · 1950
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
- Brown v. Guaranty Estates Corp.Supreme Court of North Carolina · 1954
- Shute v. . ShuteSupreme Court of North Carolina · 1920
4 more not listed; retrieve them via the Exa API.