Anonymous , 3 N.C. 136 ( 1801 )

A demand is not necessary to precede the action of detinue in order to support it. The practice of requiring a demand to be proved on the trial originated from a decision some years ago at Edenton, but the law is clearly otherwise, and I never could discover the principles on which that decision went.

NOTE. — See contra Elwick v. Rush, 2 N.C. 28. But see Shepard v.Edwards, post, 186, and Knight v. Wall, 19 N.C. 125; Jones v. Green,20 N.C. 354.