Russell v. . Campbell
Supreme Court of North Carolina
Action of CLAIM AND DELIVERY by plaintiff to recover possession of an engine. Defendant replevied, and .plaintiff and his servants proceeded to remove the property (the defendant being present and objecting), and sold and delivered it to a purchaser in Robeson county. At May Term, 1892, of CUMBERLAND Superior Court the defendant moved for an order requiring plaintiff to return the property forthwith to defendant.
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Action of CLAIM AND DELIVERY by plaintiff to recover possession of an engine. Defendant replevied, and .plaintiff and his servants proceeded to remove the property (the defendant being present and objecting), and sold and delivered it to a purchaser in Robeson county. At May Term, 1892, of CUMBERLAND Superior Court the defendant moved for an order requiring plaintiff to return the property forthwith to defendant. His Honor, Boykin, J., refused to grant the same, and defendant appealed. Upon the call of the case in this Court it appeared from statement of counsel that the matter had been…
1Opinion of the Court
Clark, J.: This was an appeal from the refusal of a judgment for the restitution of certain personal property. Since the appeal was taken the appellant has come into possession of the property, or its equivalent. The Court will not hear a matter merely to adjudicate the costs when the subject-matter of the apppeal has been disposed of. State v. Railroad, 74 N. C., 287; Hasty v. Funderburk, 89 N. C., 93; Pritchard v. Baxter, 108 N. C., 129.
Appeal Dismissed.
2Cases cited3 opinions
- Hasty v. . FunderburkSupreme Court of North Carolina · 1883
- State v. Richmond & Danville RailroadSupreme Court of North Carolina · 1876
- Pritchard v. . BaxterSupreme Court of North Carolina · 1891
3Cited by8 opinions
- Benvenue Parent-Teacher Ass'n v. Nash County Board of EducationSupreme Court of North Carolina · 1969
- State v. LambertWest Virginia Supreme Court · 1902
- Elliott v. . TysonSupreme Court of North Carolina · 1895
- In re KaepplerNorth Dakota Supreme Court · 1898
- Pearson v. QuinnSupreme Court of Arkansas · 1914
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