Rollins v. Gibson

Court of Appeals of North Carolina

Rollins v. Gibson

228 S.E.2d 506, 31 N.C. App. 154, 1976 N.C. App. LEXIS 1931

CourtCourt of Appeals of North Carolina

DecidedOctober 6, 1976

DocketNo. 7618DC315

StatusPublished

This text of 228 S.E.2d 506 (Rollins v. Gibson) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rollins v. Gibson, 228 S.E.2d 506, 31 N.C. App. 154, 1976 N.C. App. LEXIS 1931 (N.C. Ct. App. 1976).

Pincite

Opinion

PARKER, Judge.

G.S. 162-14, the statute upon which plaintiff’s claim is based, was originally enacted in 1777. Insofar as here pertinent it has remained virtually unchanged to the present times. Its provisions do not apply to a return made to process issued in a criminal proceeding. Martin v. Martin, 50 N.C. 349 (1858). The judgment appealed from is reversed and this cause is remanded with directions that plaintiff’s action be dismissed.

Reversed and remanded.

Chief Judge Brock and Judge Arnold concur.

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PARKER, Judge.

G.S. 162-14, the statute upon which plaintiff’s claim is based, was originally enacted in 1777. Insofar as here pertinent it has remained virtually unchanged to the present times. Its provisions do not apply to a return made to process issued in a criminal proceeding. Martin v. Martin, 50 N.C. 349 (1858). The judgment appealed from is reversed and this cause is remanded with directions that plaintiff’s action be dismissed.

Reversed and remanded.

Chief Judge Brock and Judge Arnold concur.

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Bluebook (online)

228 S.E.2d 506, 31 N.C. App. 154, 1976 N.C. App. LEXIS 1931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rollins-v-gibson-ncctapp-1976.

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