Legal Opinion

Branch Banking & Trust Co. v. Wilson County Board of Education

Supreme Court of North Carolina

Decided January 14, 1960No. 249PublishedCited by 30 opinions

1Opinion of the CourtDeNNy, J.

No formal pleadings are required in a proceeding under our State Tort Claims Act. It is only necessary in order to invoke the jurisdiction of the Industrial Commission for the claimant or person in whose behalf the claim is made to file with the Industrial Commission an affidavit in duplicate setting forth the material facts, as required 'by G.S. 143-297. This statute does not require the use of legal, technical or formal language, 'and the claimant is not held to the strict rules of pleadings applicable to common law actions. However, the claimant must have in his affidavit, among other…

2Cases cited2 opinions

  1. Turner Ex Rel. Turner v. Gastonia City Board of EducationSupreme Court of North Carolina · 1959
  2. Flynn v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1956

3Cited by30 opinions

  1. Guthrie v. North Carolina State Ports AuthoritySupreme Court of North Carolina · 1983
  2. Simmons v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 1998
  3. Zimmer v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 1987
  4. Barney v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1972
  5. Slade Ex Rel. Slade v. New Hanover County Board of EducationCourt of Appeals of North Carolina · 1971

25 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API