{
  "id": 8633552,
  "name": "J. J. CARROLL, Trading as MEBANE STORE COMPANY, v. WILLIAM ALSTON and P. B. DILLARD",
  "name_abbreviation": "Carroll v. Alston",
  "decision_date": "1939-02-01",
  "docket_number": "",
  "first_page": "849",
  "last_page": "850",
  "citations": [
    {
      "type": "official",
      "cite": "214 N.C. 849"
    }
  ],
  "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": [
    {
      "cite": "171 N. C., 272",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11269945
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/171/0272-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 3213,
    "ocr_confidence": 0.486,
    "pagerank": {
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    "sha256": "3c8d5e414117d19c50a29ce33c0155c0ba07a2926ab4d9309bd80a4a401ab707",
    "simhash": "1:0944acdd1f2fedf0",
    "word_count": 563
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  "last_updated": "2023-07-14T22:38:13.292364+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. J. CARROLL, Trading as MEBANE STORE COMPANY, v. WILLIAM ALSTON and P. B. DILLARD."
    ],
    "opinions": [
      {
        "text": "Pee Curiam.\nUpon petition and writ of certiorari duly ordered the record was amended so as to speak the truth and to strike out the phrase \u201cand by consent of attorneys of plaintiff.\u201d The only exceptions and assignments of error are to the effect that the court refused to sign judgment tendered by plaintiff and signed the judgment shown in the record.\nFrom the verdict of the jury and a careful review of the record, we think the court below should have signed the judgment tendered by plaintiff. Winn v. Finch, 171 N. C., 272 (276); C. S., 1241(2). The cause is remanded that the correct judgment be signed.\nError and remanded.",
        "type": "majority",
        "author": "Pee Curiam."
      }
    ],
    "attorneys": [
      "Sam Gattis, Jr., and Bonner D. Sawyer for plaintiff.",
      "Graham <& Eskridge for defendant P. B. Dillard."
    ],
    "corrections": "",
    "head_matter": "J. J. CARROLL, Trading as MEBANE STORE COMPANY, v. WILLIAM ALSTON and P. B. DILLARD.\n(Filed 1 February, 1939.)\nAppeal by plaintiff from Thompson, J., and' a jury, at June Civil Term, 1938, of Orauge.\nError and remanded.\nThis is an action brought by plaintiff against defendants William Alston and P. B. Dillard. The plaintiff alleges: \u201cThat the defendant P. B. Dillard is now in the possession of the mules described in the mortgages of this plaintiff and on information and belief this plaintiff alleges that any claim which the said P. B. Dillard has on said mules is inferior to the claim of this plaintiff. And that the said defendant P. B. Dillard has given bond and under said bond still retains the possession of both mules.\u201d\nThe prayer of complaint is: \u201cThat he have and recover of the defendant William Alston (1) The sum of $214.77 with interest on $91.87 from November 1, 1935, until paid; with interest on $122.90 from November 1, 1936, until paid. (2) That the plaintiff be declared owner and entitled to the immediate possession of the two mules described in the chattel mortgages herein referred to and for an order directing a sale of said mules as provided by law and the proceeds derived from said sale be applied to satisfaction of plaintiff\u2019s judgment and the surplus, if any, be disposed of as provided by law. (3) For the costs of this action as computed by tbe Clerk. (4) For such, other and further relief as to the Court may seem just and proper.\u201d\nThe defendant P. B. Dillard alleges: \u201cThat he is the true, lawful and sole owner of the two mules hereinbefore described, and is entitled to the permanent possession thereof,\u201d etc. And \u201cprays the Court (1) That he be declared the owner and entitled to retain the possession of the two mules hereinbefore referred to, and that any mortgages executed by the defendant \"William Alston to the plaintiff, in so far as they include the said mules, be declared null and void and of no effect. (2) That he recover the cost expended by him in this action. (3) For such other and further relief as he may be entitled to receive.\u201d\nThe issue submitted to the jury and their answer thereto, were as follows: \u201cIs the plaintiff, J. J. Carroll, trading as Mebane Store Co., entitled to the immediate possession of the two mules described in the complaint? Answer: \u2018Yes.\u2019\u201d\nThe plaintiff tendered judgment upon the verdict, which the court refused to sign. Plaintiff excepted, assigned error and appealed to the Supreme Court.\nSam Gattis, Jr., and Bonner D. Sawyer for plaintiff.\nGraham <& Eskridge for defendant P. B. Dillard."
  },
  "file_name": "0849-01",
  "first_page_order": 917,
  "last_page_order": 918
}