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SHULER v. BRYANT

No. 7230DC111.

188 S.E.2d 652 (1972)

14 N.C. App. 660

Marvin SHULER and Faye G. Shuler v. Bruce D. BRYANT.

Court of Appeals of North Carolina.

May 24, 1972.

Attorney(s) appearing for the Case

McKeever & Edwards by George P. Davis, Jr., Bryson City, for plaintiff-appellant.

Stedman Hines, Bryson City, for defendant-appellee.

VAUGHN, Judge.

Failure to prosecute an action in which property is taken under a writ of claim and delivery is a breach of the bond. The defendants in that action may maintain an independent action for damages against the plaintiff in the former action and the surety on his bond. Davis Bros. Co. v. Wallace, 190 N.C. 543, 130 S.E. 176. There is no showing in this record that there has been a prior adjudication of plaintiffs' claim for the alleged wrongful taking of...

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