112 N.C. 404
17 S.E 149
Supreme Court of North Carolina
Decided February 5, 1893
Supreme Court of North Carolina · decided 1893-02-05
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.
Good law ✅— No negative treatment on recordhow we know
Decided 1893-02-05
Cited by 4 later decisions — most recently November 1969
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 : 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 *405 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.
¶2 Appeal Dismissed.