Smith v. . Nimocks
Supreme Court of North Carolina
Civil ACTION, tried before MacRae, Judge, and a jury, at Spring Term, 1885, of the Superior Court of JohNSTON county. This action is brought to recover damages for an alleged ■malicious prosecution. It appears from the case settled upon appeal, that on the trial, “In the course of his argument to .the jury, the plaintiff’s counsel was allowed to read the first and unverified answer,” of the defendant, the latter objecting.
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Civil ACTION, tried before MacRae, Judge, and a jury, at Spring Term, 1885, of the Superior Court of JohNSTON county. This action is brought to recover damages for an alleged ■malicious prosecution. It appears from the case settled upon appeal, that on the trial, “In the course of his argument to .the jury, the plaintiff’s counsel was allowed to read the first and unverified answer,” of the defendant, the latter objecting. The Court overruled the objection and the defendant excepted. The material part of the answer referred to is as follows: “For a second defence and counterclaim “I. That the…
1Opinion of the CourtMeeRIMON, J.
(after stating the facts). Statements and admissions in the pleadings in an action, may be evidence against the party making them, just as if he had made them in any other connection or manner, and if the same should be competent for any purpose, on the trial of the issues of fact, they may be received as evidence. There is nothing in the nature of a pleading, that necessarily places admissions in it of a party, on a footing different from what they would be, if made elsewhere. The pleadings ordinarily create and afford no immunity as to facts stated in them, when it becomes necessary to use…
2Cases cited3 opinions
- Guy v. . ManuelSupreme Court of North Carolina · 1883
- Adams v. . UtleySupreme Court of North Carolina · 1882
- Brooks v. . BrooksSupreme Court of North Carolina · 1884
3Cited by15 opinions
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- Hartley v. SmithSupreme Court of North Carolina · 1954
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Teter v. MooreWest Virginia Supreme Court · 1917
- Smith v. . SmithSupreme Court of North Carolina · 1890
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