Hall v. . Tillman
Supreme Court of North Carolina
This is an appeal by the defendant from a judgment of Qilmer, J., rendered at February Term, 1888, of the Superior Court of Chatham County. The plaintiff alleged that he was the owner of an engine and saw-mill described in the complaint, which were in the possession of the defendants, Tillman and Barber, and wrongfully detained by them.
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This is an appeal by the defendant from a judgment of Qilmer, J., rendered at February Term, 1888, of the Superior Court of Chatham County. The plaintiff alleged that he was the owner of an engine and saw-mill described in the complaint, which were in the possession of the defendants, Tillman and Barber, and wrongfully detained by them. The said engine and saw-mill -were taken under proceedings in claim and delivery, and returned to the defendants, who gave.the required undertaking, with the defendants O. A. Palmer, J. R. Jones and A. P. Gilbert as sureties, as set out in the record. The…
1Opinion of the CourtDavis, J.
(after stating the case). Section 326 of The Code, as amended by ch. 50, sec. 2, of the Acts of 1885, provides for the return of property taken under proceedings in claim and delivery, upon giving an undertaking by the defendant, payable to the plaintiff, executed by one or more sufficient sureties, &c., for the delivery thereof to the plaintiff, with damages for its deterioration and its detention, if delivery can be had, and if such delivery cannot for any cause be had, for the payment to him of such sum as may be recovered against the defendant for the value of the property, at the time of…
2Cases cited3 opinions
- Horton v. . HorneSupreme Court of North Carolina · 1888
- Manix v. . HowardSupreme Court of North Carolina · 1880
- Boylston Insurance Co. v. DavisSupreme Court of North Carolina · 1876
3Cited by13 opinions
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Hall v. . TillmanSupreme Court of North Carolina · 1892
- Orange Trust Co. v. HayesSupreme Court of North Carolina · 1926
- Griffith v. . RichmondSupreme Court of North Carolina · 1900
- Gerlaugh v. RyanSupreme Court of Iowa · 1905
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