Blackwell v. Dibbrell Bros. & Co.
Supreme Court of North Carolina
This was a civil action, tried before Merrimon, J., and a jury, on appeal from a Justice’s judgment, at June Term, 1888, of the Superior Court of Durham County.
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This was a civil action, tried before Merrimon, J., and a jury, on appeal from a Justice’s judgment, at June Term, 1888, of the Superior Court of Durham County. The plaintiff sued for the 'recovery of one hundred and eight dollars and thirty-three cents for rent of a certain brick prize-room for the months of November and December, 1887. The summons was issued on the 13th day of March, 1888, and tried upon a removal by affidavit from one Justice to-another, on the 15th day of March, 1888. The defendant pleaded the “general issue and counterclaims amounting to-$89.” After evidence by the…
1Opinion of the CourtAvery, J.
The case is before us upon the single point,, whether his Honor erred in excluding the testimony offered on the ground that it was not admissible “in support of any plea pleaded by the defendants.”
The transcript contains, on the subject of the pleadings, only the following: “ The plaintiff complained for the sum of one hundred and eighty dollars and fos, due by defendants on contract. The defendants pleaded the general issue- and counterclaim of $89.07.”
The defendants contend that the “ general issue” in an action of this kind (assumpsit) was non assumpsit, and cites several authorities to…
2Cases cited8 opinions
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- William Falls v. . Robert F. GambleSupreme Court of North Carolina · 1872
- Yates v. . YatesSupreme Court of North Carolina · 1879
- Gay v. . StancellSupreme Court of North Carolina · 1877
- Hawkins v. . HughesSupreme Court of North Carolina · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Cook v. . CookSupreme Court of North Carolina · 1912
- Curtis v. Piedmont Lumber & Mining Co.Supreme Court of North Carolina · 1891
- Hicks v. . BeamSupreme Court of North Carolina · 1893
- Williams v. Hutton & Bourbonnais Co.Supreme Court of North Carolina · 1913
12 more not listed; retrieve them via the Exa API.