Harris v. . Sneeden
Supreme Court of North Carolina
Damages— Costs — Pleading— Trespass — Possession. This was a civil ACTION, tried at September Term, 1889, of the Superior Court of New HaNoveb, County, before Bynum, J. In order to a clear and proper understanding of what is alleged in the complaint, and either denied or admitted in the answer, enough of the complaint and answer is given below to set out the facts. It was admitted that plaintiffs were husband and wife.
Read the full summary
Damages— Costs — Pleading— Trespass — Possession. This was a civil ACTION, tried at September Term, 1889, of the Superior Court of New HaNoveb, County, before Bynum, J. In order to a clear and proper understanding of what is alleged in the complaint, and either denied or admitted in the answer, enough of the complaint and answer is given below to set out the facts. It was admitted that plaintiffs were husband and wife. The plaintiffs alleged— “2. That the plaintiff Jvlia 0. Harris is the owner of, and she, or the plaintiff George, has been, for about seventeen years, in possession of a…
1Opinion of the CourtAvery, J.
— after stating the facts: Issues are framed in order to enable a jury to determine disputes as to the material facts arising out of the denial in an answer of the allegations of a complaint. Every material allegation of the complaint, not controverted by the answer, shall, for the purpose of the action, be taken as true. The Code, § 268.
The facts upon which the judgment of the Court is predicated, are the findings of the jury, and the admissions, either direct or by failure to denj’-, made in the pleading. The plaintiffs moved the Court for judgment for nominal damages, because it was found…
2Cases cited10 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Jones v. . MialSupreme Court of North Carolina · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Skinner v. . TerrySupreme Court of North Carolina · 1890
- Mizzell v. . RuffinSupreme Court of North Carolina · 1896
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1905
- Hancock v. YoureeSupreme Court of Oklahoma · 1910
21 more not listed; retrieve them via the Exa API.