Robbins v. . Killebrew
Supreme Court of North Carolina
Civil ACTION, tried at February Term, 1886, of Wilson Superior Court, before Philips, Judge. The action was brought for an injunction against defendants,, to prevent the sale of a steam engine and fixtures, advertised under a claim for balance due the defendants on the purchase price, by virtue of the following paper writing executed by plaintiff: “It is hereby perfectly understood that the title to the engine, saw-mill and fixtures, for which I have this day given my…
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Civil ACTION, tried at February Term, 1886, of Wilson Superior Court, before Philips, Judge. The action was brought for an injunction against defendants,, to prevent the sale of a steam engine and fixtures, advertised under a claim for balance due the defendants on the purchase price, by virtue of the following paper writing executed by plaintiff: “It is hereby perfectly understood that the title to the engine, saw-mill and fixtures, for which I have this day given my notes-to Messrs. Killebrew & Bullock, amounting to in principal twenty-one hundred dollars, remains in said Killebrew &…
1Opinion of the CourtAshe, J.
(after stating the facts). The only exceptions taken by the plaintiff to the award of the arbitrators are: First, that they award that the defendants are entitled to a sale of the property described in the pleadings, and secondly, that they are entitled to judgment against Robbins and Sharpe in the sum of $3,000, to be discharged upon the payment of any sum remaining due after the application of the amount raised by the sale.. He contends that the arbitrators transcended in this respect, the power given to them by the order of reference.
The order of reference in this case, docs not state, in…
2Cases cited4 opinions
- A. McA. Council v. AverettSupreme Court of North Carolina · 1884
- Lusk v. . ClaytonSupreme Court of North Carolina · 1874
- State Ex Rel. City of Greensboro v. ScottSupreme Court of North Carolina · 1881
- Moore v. . Shields .Supreme Court of North Carolina · 1873
3Cited by15 opinions
- Nello L. Teer Co. v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Clark Millinery Co. v. National Union Fire InsuranceSupreme Court of North Carolina · 1912
- Wilkins v. WillimonSupreme Court of South Carolina · 1924
- Thomasville Chair Co. v. United Furniture Workers of AmericaSupreme Court of North Carolina · 1950
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