Hawk v. Pine Lumber Co.
Supreme Court of North Carolina
Civil actioN, beard by Neal, J., upon demurrer, at February Term, 1901, of CeavbN Superior Court. Tbe plaintiff alleged in bis complaint that tbe defendant owned a large tract of land in said county .and employed bim to log tbe same at $3 per 1,000 feet, there being 150,000,000 feet of timber on tbe land at the time.
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Civil actioN, beard by Neal, J., upon demurrer, at February Term, 1901, of CeavbN Superior Court. Tbe plaintiff alleged in bis complaint that tbe defendant owned a large tract of land in said county .and employed bim to log tbe same at $3 per 1,000 feet, there being 150,000,000 feet of timber on tbe land at the time. In order to cut and deliver tbe timber as required by tbe contract, it was necessary to lay a tramway, part of which was constructed by tbe plaintiff and tbe other part by tbe defendant, tbe plaintiff having agreed to furnish trucks and certain other equipment and supplies for…
1Opinion of the Court
Walker, J.,
after stating the case: It is true, as argued by the learned counsel for the defendant, that ,at common law the causes of action stated in the complaint could not* have been joined. 23 Cyc., 392; Logan v. Wallis, 76 N. C., 416; Doughty v. Railroad, 78 N. C., 22. But this rule has been changed by the reformed procedure, .and now any causes of action may be united “where they .arise out of the same transaction or a transaction connected with the same subject of action.” Whether they be for the breach of a contract and for a tort, or are legal or eqrdtable, or both, will make no…
2Cases cited12 opinions
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Benton v. . CollinsSupreme Court of North Carolina · 1896
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Hamlin v. . TuckerSupreme Court of North Carolina · 1875
- Bedsole v. . MonroeSupreme Court of North Carolina · 1848
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3Cited by10 opinions
- Barkley v. McClung Realty Co.Supreme Court of North Carolina · 1937
- Worth v. Knickerbocker Trust Co.Supreme Court of North Carolina · 1910
- Lee v. . ThorntonSupreme Court of North Carolina · 1916
- Smith v. GibbonsSupreme Court of North Carolina · 1949
- Bellman v. . BissetteSupreme Court of North Carolina · 1942
5 more not listed; retrieve them via the Exa API.