Consolidated Insurance & Realty Co. v. Martin, 194 N.C. 801 (1927)

Oct. 26, 1927 · Supreme Court of North Carolina

194 N.C. 801

CONSOLIDATED INSURANCE AND REALTY COMPANY v. PEARL MARTIN et al., and J. B. WADDELL v. CONSOLIDATED INSURANCE AND REALTY COMPANY et al.

(Filed 26 October, 1927.)

Appeal by J. B. Waddell from Sinclair, J., at August Term, 1927, of Duehak.

Civil actions in claim and delivery brought to determine the ownership and to recover the possession of a Dodge automobile, plaintiff in each suit asserting superior right to the property.

The two cases were consolidated and tried as one, and resulted in the following verdict:

“1. Is the plaintiff, Consolidated Insurance and Realty Company, the owner and entitled to the possession of the Dodge roadster automobile in controversy? Answer: Yes.

“2. Is tbe plaintiff, J. B. Waddell, tbe owner and entitled to tbe possession of tbe Dodge roadster automobile in controversy ? Answer:.

“3. What was tbe value of tbe Dodge roadster automobile in controversy ? Answer: $1,000.”

From a judgment on tbe verdict in favor of tbe Consolidated Insurance and Realty Company, J. B. Waddell, plaintiff in tbe second action, appeals, assigning errors.

William B. Guthrie and Walter B. Bass for appellant.

Brawley & Gantt for appellee.

Pee Cueiam.

Tbe controversy on trial narrowed itself to an issue of fact, determinable alone by tbe jury. A careful perusal of tbe record leaves us with tbe impression that tbe case has been beard and determined substantially in accord with tbe principles of law applicable, and that tbe validity of tbe trial should be sustained. All matters in dispute have been settled by tbe verdict, and no action or ruling on tbe part of tbe trial court has been discovered by us which we apprehend should be held for reversible error. Tbe case presents no new question of law, or one not heretofore settled by our decisions; it only calls for tbe application of old principles to new facts. Tbe verdict and judgment must be upheld.

No error.