Conley v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was a civil action, heard upon complaint and demurrer, before Merrim,on, J., at Fall Term, 1891, of Haywood Superior Court.
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This was a civil action, heard upon complaint and demurrer, before Merrim,on, J., at Fall Term, 1891, of Haywood Superior Court. The plaintiff' complained as follows: 1. That the plaintiff is the administratrix of the estate of Robert B. Conley, deceased. 2. That on the 24th day of August, 1890, and both before and since said time, the defendant the Richmond and Dan-ville Railroad Company were and are operating and controlling a railroad leading from the city of Asheville, in Buncombe County, to Bryson City, in Swain County, and running locomotives and trains on said railroad, and doing a…
1Opinion of the Court
Avery, J.:
The necessity for drawing pleadings in civil actions according to a prescribed or established precedent, ceased when the form of suits was abolished by the Constitution, Art. 4, § 1. But one who is brought into Court to answer a demand for damages or for specific property, has the same fundamental right to know the nature of the demand sufficiently well to enable him, with the aid of competent counsel, to prepare his defence, that he has to be informed of the accusation for which he is held to answer criminally. Otherwise, his property might be wrested from him under the form of…
2Cases cited12 opinions
- 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
- Jackson v. . JacksonSupreme Court of North Carolina · 1890
- Tucker v. . BakerSupreme Court of North Carolina · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hensley v. McDowell Furniture Co.Supreme Court of North Carolina · 1913
- Allen v. Carolina Central Railway Co.Supreme Court of North Carolina · 1897
- Ricks v. . BrooksSupreme Court of North Carolina · 1920
- Davis v. RhodesSupreme Court of North Carolina · 1949
- Gillis v. Transit Corp. of NorfolkSupreme Court of North Carolina · 1927
23 more not listed; retrieve them via the Exa API.