Lumber Co. v. Lumber Co.
Supreme Court of North Carolina
MotioN in the cause of John L. Roper Lumber Co. against Elizabeth City Lumber Co., beard by Judge T. J. Shaw, at the Fall Term, 1905, of the Superior Court of Camden.
Read the full summary
MotioN in the cause of John L. Roper Lumber Co. against Elizabeth City Lumber Co., beard by Judge T. J. Shaw, at the Fall Term, 1905, of the Superior Court of Camden. This cause was before us, on appeal by both parties, at February Term, 1904 (135 N. C., 742 and 744), and again, on petition to rebear, at February Term, 1905 (137 N. C¡, 431). We beld in the first of the above reported cases that the plaintiff was not entitled to judgment declaring it to be. the owner of the land, as the recovery of the land was not the object contemplated wben the suit was brought and was not within its…
1Opinion of the Court
Walker, J.,
after stating the facts: The motion of the plaintiff, as stated in the argument before us, is based upon the contention that the former judgment for nominal damages and costs does not preclude a recovery of damages accrued since the action commenced, as in an action of trespass, such as this is, damages can only be assessed to the date of issuing the writ or summons and not to the time of the trial, and therefore no inquiry was made in the former trial as to any damage sustained since the action commenced. He relies on the case of Jones v. Kramer, 133 N. C., 446, in support of this…
2Cases cited11 opinions
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- Yates v. . YatesSupreme Court of North Carolina · 1879
- Gay v. . StancellSupreme Court of North Carolina · 1877
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1904
- Isler v. . HarrisonSupreme Court of North Carolina · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
- McArthur v. . GriffithSupreme Court of North Carolina · 1908
- Edwards v. . BakerSupreme Court of North Carolina · 1888
- Town of Apex v. RubinCourt of Appeals of North Carolina · 2021
- Town of Apex v. RubinCourt of Appeals of North Carolina · 2021