Etheridge v. . Woodley
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1879, of Tyrrell Superior court, before Avery, J. The complaint alleges that the plaintiffs owned a certain steam saw-mill and fixtures, and demands judgment against defendant for damages for conversion of the same to his own use.
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Civil ActioN tried at Spring Term, 1879, of Tyrrell Superior court, before Avery, J. The complaint alleges that the plaintiffs owned a certain steam saw-mill and fixtures, and demands judgment against defendant for damages for conversion of the same to his own use. The answer denies that plaintiffs are owners of the property, and alleges the action has abated and been discontinued by failure of the plaintiffs to issue the proper processes therein and sets up the statute of limitations in bar. There was a verdict upon the issues in favor of plaintiffs, and thereupon the defendant’s counsel…
1Opinion of the CourtSmith, C. J.
At the trial all the issues of fact necessary, to a recovery were found by the jury in favor of the plaintiffs, except that arising out of the defence of the statute of limitations, and the. sufficiency of this depends upon the time when the action was instituted. The-wrongful act, for which damages are claimed and assessed in the verdict, was committed some time in the year 1869, and an inspection of the record will determine whether in law the suit was brought within three years thereafter.
The first summons was issued on the 15th day of August, 1871, and returned to fall term following…
2Cases cited2 opinions
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
- Badham v. . JonesSupreme Court of North Carolina · 1870
3Cited by26 opinions
- Hatch v. Alamance Railway Co.Supreme Court of North Carolina · 1922
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Hatch v. . R. R.Supreme Court of North Carolina · 1922
- State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
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