Moody v. . Wike
Supreme Court of North Carolina
Appeal by defendants from Cline, at May Term, 1915, of JacksoN. Civil action beard on demurrer to tbe complaint. Plaintiff alleged substantially tbat at October Term, 1909, of said court a suit was pending between M. M. Wike as plaintiff and Jbbn T. Moody, plaintiff in this cause, as defendant, and during tbe trial thereof it was agreed tbat M. L. Wike be made a party plaintiff, wbicb was done, and thereafter it was further agreed tbat tbe case be compromised and settled…
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Appeal by defendants from Cline, at May Term, 1915, of JacksoN. Civil action beard on demurrer to tbe complaint. Plaintiff alleged substantially tbat at October Term, 1909, of said court a suit was pending between M. M. Wike as plaintiff and Jbbn T. Moody, plaintiff in this cause, as defendant, and during tbe trial thereof it was agreed tbat M. L. Wike be made a party plaintiff, wbicb was done, and thereafter it was further agreed tbat tbe case be compromised and settled upon tbe terms tbat tbe plaintiff M. M. Wike should abandon bis claim for damages, and, in consideration thereof, John T.…
1Opinion of the Court
Walker, J.,
after stating the case: "We will consider the grounds of demurrer in the order stated.
First. The statute of limitations cannot be pleaded in a demurrer, but must be taken advantage of only by answer, by express provision of the statute, Eevisal, sec. 360. In Bacon v. Berry, 85 N. C., 125, the defendant demurred because more than seven years had elapsed since the rendition of the judgment when the suit was commenced, which is identical with the matter pleaded here. The Court held (by Ashe, J.) that “It was, in fact, a plea of the statute of limitations, which must be set up in the…
2Cases cited10 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- McEachern v. . KerchnerSupreme Court of North Carolina · 1884
- Massie v. . HaineySupreme Court of North Carolina · 1914
- Green v. . the North Carolina Railroad Co.Supreme Court of North Carolina · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Stamey v. Rutherfordton Electric Membership Corp.Supreme Court of North Carolina · 1958
- Bank v. . McEwenSupreme Court of North Carolina · 1912
- Yancey v. YanceySupreme Court of North Carolina · 1949
- Currin v. . CurrinSupreme Court of North Carolina · 1941
5 more not listed; retrieve them via the Exa API.