People's Bank v. Stewart
Supreme Court of North Carolina
Practice — Nonsuit. This was a civil ACTION, tried before MacRae, Judge,, at the .'Spring Term, 1884, of Superior Court for UNION county. The case is sufficiently stated in the opinion of the Court.
1Opinion of the CourtSmith, C. J.
The plaintiff’s action is upon two promissory notes of the defendant, and to the verified comjilaint filed at the term to which the summons was returnable, the defendant demurred, specifying the several alleged defects therein. At a subsequent term the following entry appears in the cause:
Plaintiff called and failed; judgment, nonsuit without prejudice; judgment against plaintiff for costs; same day defendant moved to be allowed to file answer. Thereupon the judgment of nonsuit was stricken out, and the defendant allowed to withdraw his demurrer and file his answer. From this last order the…
2Cases cited7 opinions
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
- Graham v. . TateSupreme Court of North Carolina · 1877
- Pescud v. . HawkinsSupreme Court of North Carolina · 1874
- Hill v. . OvertonSupreme Court of North Carolina · 1879
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3Cited by7 opinions
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Hickory v. RailroadSupreme Court of North Carolina · 1905
- McNeill v. . LawtonSupreme Court of North Carolina · 1887
- Yellowday v. . PerkinsonSupreme Court of North Carolina · 1914
- Wilkins v. . SuttlesSupreme Court of North Carolina · 1894
2 more not listed; retrieve them via the Exa API.