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The bill then charged that the plaintiff had brought an action of detinue against the defendant, in which he had failed. Barnes v. Dickinson,
12 N.C. 346 . The bill prayed an injunction and general relief.Upon the motion of the defendant, MARTIN, J., on the last circuit, dismissed the bill for want of equity; whereupon, the plaintiff appealed. I cannot perceive upon what grounds this bill can be sustained. If the plaintiff has any title, it is a legal one, unmixed with any principle of equity, and not beyond the reach of ordinary tribunals to afford relief. He has had a trial at law upon the merits, and has failed.
PER CURIAM. Affirmed, with costs.
(274)
Document Info
Citation Numbers: 16 N.C. 273
Judges: HENDERSON, J.
Filed Date: 12/5/1828
Precedential Status: Precedential
Modified Date: 7/6/2016