Garrett v. . Trotter
Supreme Court of North Carolina
Action for the recovery of realty, tried before Tourgee, J., at Pall Term, 1870, of G-uilkord Superior Court. The plaintiff alleges in her complaint, that she is seized for fife of certain premises, describing them with sufficient certainty. In article II of the complaint, she alleges that the defendants .are in possession thereof and withhold the same from her.
Read the full summary
Action for the recovery of realty, tried before Tourgee, J., at Pall Term, 1870, of G-uilkord Superior Court. The plaintiff alleges in her complaint, that she is seized for fife of certain premises, describing them with sufficient certainty. In article II of the complaint, she alleges that the defendants .are in possession thereof and withhold the same from her. Then she demands judgment for the possession of the premises, •and for one hundred dollars as damages sustained, &e. The defendants in their answer admit that the plaintiff is the owner of the locus in quo, but “deny they withhold the…
1Opinion of the CourtPearson, C. J.
It appears by the record, that the controversy between the parties is in regard to a lease for a term of three years, which the defendants allege the plaintiff made to Fields.
This allegation is denied by the plaintiff issue is joined and comes on for trial; but a motion is made by the counsel of the defendants in mecidas res, and the action is dismissed, without the merits of the case being touched.
The first reflection suggested by this state of facts must be under a Code of Civil Procedure, professing its main object to be, to have every case decided “ upon the merits,” and to this end…
2Cases cited1 opinion
- Love v. Commissioners of Chatham CountySupreme Court of North Carolina · 1870
3Cited by43 opinions
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- North Carolina Public Service Co. v. Southern Power Co.Supreme Court of North Carolina · 1919
38 more not listed; retrieve them via the Exa API.