Frisby v. Town of Marshall
Supreme Court of North Carolina
Civil actioN, for damages, tried before Timber'lake, J., at February Term, 1896, of MadisoN Superior Court. The plaintiff filed, by her counsel, a complaint and defendant answered.
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Civil actioN, for damages, tried before Timber'lake, J., at February Term, 1896, of MadisoN Superior Court. The plaintiff filed, by her counsel, a complaint and defendant answered. "When the case was called for trial the defendant demurred ore tenus to the complaint, and moved to dismiss the action on the ground that the complaint is not verified, and that it does not allege that the plaintiff presented her claim to the lawful municipal authorities to be audited and allowed, and that they had neglected to act upon it or had disallowed it, which motion was sustained by the court, and plaintiff…
1Opinion of the Court
Eueches, J.:
This case comes to us on plaintiff’s appeal, and was submitted upon the record without brief or argument. We find upon examining the record that when the case was called for trial the defendant demurred ore tenus to the plaintiff’s complaint, and upon an intimation from the court sustaining tbe demurrer the plaintiff submitted to a judgment of non-suit and appealed.
This seems to us to be a new practice and a new way of getting the opinion of the court reviewed. The usual practice is, a judgment sustaining or overruling the demurrer, and an appeal from that judgment if it sustained…
2Cases cited1 opinion
- Shields v. Town of DurhamSupreme Court of North Carolina · 1896
3Cited by10 opinions
- Sugg v. . GreenvilleSupreme Court of North Carolina · 1915
- Neal v. Town of MarionSupreme Court of North Carolina · 1900
- Shelby v. . R. R.Supreme Court of North Carolina · 1908
- Chambers v. . R. R.Supreme Court of North Carolina · 1916
- Mountain Park Institute, Inc. v. LovillSupreme Court of North Carolina · 1930
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