{
  "id": 2221553,
  "name": "ANNIE E. LANGE v. W. L. EVANS",
  "name_abbreviation": "Lange v. Evans",
  "decision_date": "1936-03-18",
  "docket_number": "",
  "first_page": "747",
  "last_page": "748",
  "citations": [
    {
      "type": "official",
      "cite": "209 N.C. 747"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 173,
    "char_count": 2106,
    "ocr_confidence": 0.487,
    "sha256": "37d89e559003da4cb4a01f809088f205a91ed96a42206e461834affb6dfc0a90",
    "simhash": "1:845c05784a4cd51d",
    "word_count": 359
  },
  "last_updated": "2023-07-14T22:34:31.527681+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ANNIE E. LANGE v. W. L. EVANS."
    ],
    "opinions": [
      {
        "text": "Pub Cubiam.\nThe plaintiff is the owner in fee of the premises described in the affidavit filed in this action. The defendant is in possession of said premises, claiming as a sublessee of the lessee of the plaintiff. At the date of the commencement of the action the sublease had not expired. However, prior to said date, the lessee of the plaintiff, under whom the defendant claims, had forfeited and surrendered all his rights under the original lease.\nOn these facts shown by all the evidence, there was no error in the trial. The judgment is\nAffirmed.",
        "type": "majority",
        "author": "Pub Cubiam."
      }
    ],
    "attorneys": [
      "Weaver & Miller, Ford, Coxe \u2022& Garter and James S. Howell for plaintiff.",
      "Sale, Pennell & Pennell and George G. Franklin for defendant."
    ],
    "corrections": "",
    "head_matter": "ANNIE E. LANGE v. W. L. EVANS.\n(Filed 18 March, 1936.)\nLandlord and Tenant D b\u2014\nWhere the lessee forfeits and surrenders all rights under his lease, the lessor may recover the premises from a sublessee of the lessee, even though the sublease has not terminated under its terms.\nAppeal by defendant from Oglesby, J., at September Term, 1935, of Buncombe.\nNo error.\nThis is a summary action in ejectment, tried in the Superior Court of Buncombe County on plaintiff\u2019s appeal from a judgment of the justice of the peace of said county before whom the action was originally tried.\nThe issues submitted to the jury were answered as follows:\n\u201c1. Is the plaintiff entitled to the possession of the premises, as alleged in the affidavit? Answer: \u2018Yes.\u2019\n\u201c2. What amount of rent, if any, is the plaintiff entitled to recover of the defendant? Answer: \u2018The amount due and unpaid, $64.00, on the basis of $16.00 per month up to the date of the Superior Court trial, but we think that defendant should be credited on rent with reasonable payment covering cost of improvements which he placed in building.\u2019 \u201d\nIn the exercise of his discretion, the judge presiding set aside the \u2022 answer to the second issue and ordered a new trial of said issue.\nProm judgment that plaintiff recover of the defendant possession of the premises described in the affidavit, the defendant appealed to the Supreme Court, assigning errors in the trial.\nWeaver & Miller, Ford, Coxe \u2022& Garter and James S. Howell for plaintiff.\nSale, Pennell & Pennell and George G. Franklin for defendant."
  },
  "file_name": "0747-01",
  "first_page_order": 809,
  "last_page_order": 810
}