Bazemore v. . Bridgers
Supreme Court of North Carolina
Civil ACTION, tried at Spring Term, 1889, of Bertie Superior Court, before Montgomery, J. The plaintiffs brought this action to recover damages for alleged trespasses on their land, particularly described in the complaint.
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Civil ACTION, tried at Spring Term, 1889, of Bertie Superior Court, before Montgomery, J. The plaintiffs brought this action to recover damages for alleged trespasses on their land, particularly described in the complaint. They allege, among other things, as follows: 1. “That defendant unlawfully and wrongfully entered upon said land and have cut and cairied away cypress and other timber, to the plaintiffs’ damage five thousand dollars. 3. “That said acts of trespass were committed on the 1st day of June, 1872, and at various other times subsequent thereto, and before the bringing of tins…
1Opinion of the CourtMerkjmoN, C. J.
after stating the case: This appeal was taken prematurely. The defendants should have had their exception noted in the record, and they might have had the benefit of it in an appeal from the final judgment. If, in that case, their exception should be sustained, they would then have the benefit of their counter-claim in the'eourse of the action and a trial upon its merits — otherwise, in the absence of other exceptions, the judgment would be affirmed and the action ended without the delay and expense occasioned by multiplied and unnecessary appeals in the same action 'It has been so repeatedly…
2Cases cited2 opinions
- Knott v. . BurwellSupreme Court of North Carolina · 1887
- State v. . PolkSupreme Court of North Carolina · 1884
3Cited by14 opinions
- Hancammon v. . CarrSupreme Court of North Carolina · 1948
- Porter v. White.Supreme Court of North Carolina · 1901
- STANDARD AMUSEMENT COMPANY v. TarkingtonSupreme Court of North Carolina · 1958
- Chambers v. . R. R.Supreme Court of North Carolina · 1916
- Headman v. Board of CommissionersSupreme Court of North Carolina · 1919
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