Vinson v. Knight.
Supreme Court of North Carolina
ActioN by J. C. Vinson against M. J. Elnigbt, beard by Judge W. A. Hclce and a jury, at October Term, 1904, of tbe Superior Court of Hertfoed County.
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ActioN by J. C. Vinson against M. J. Elnigbt, beard by Judge W. A. Hclce and a jury, at October Term, 1904, of tbe Superior Court of Hertfoed County. Tbe plaintiff in tbe summons stated tbe cause of action to be “for tbe recovery of tbe possession of one red steer, * * * it being tbe steer tbe defendant took from Jacob Everett and Jordan Hill on tbe road to-day5 of tbe value of $20, alleged by tbe plaintiff to be in tbe possession of tbe defendant and unlawfully detained by bim from tbe plaintiff; tbe plaintiff further claiming to be entitled to tbe immediate possession of said property.” Tbe…
1Opinion of the Court
Connor, J.,
after stating the case. The plaintiff’s motion for judgment upon the return of the justice is based upon the oral pleadings; the statement of the testimony heard by him is not properly a part of his return. Considered from tbis point of view it becomes necessary to inquire whether the summons and. complaint, construed together, set forth a cause of action in trespass, or whether by the allegations it is confined to an action for the recovery of the possession of the property. The plaintiff’s contention that in an action for trespass — an injury to his possession — the question of…
2Cases cited8 opinions
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Barwick v. . BarwickSupreme Court of North Carolina · 1850
- Boyce v. . WilliamsSupreme Court of North Carolina · 1881
- Russell v. . HillSupreme Court of North Carolina · 1899
- Craig v. . MillerSupreme Court of North Carolina · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lake Mary Ltd. Partnership v. JohnstonCourt of Appeals of North Carolina · 2001
- Gallimore v. SinkCourt of Appeals of North Carolina · 1975
- State v. PaigeSupreme Court of North Carolina · 1986
- Wall v. Colvard, Inc.Supreme Court of North Carolina · 1966
- Scottish Bank v. AtkinsonSupreme Court of North Carolina · 1957
2 more not listed; retrieve them via the Exa API.