Hockfield v. Southern Railway Co.
Supreme Court of North Carolina
ActioN tried before J ones, J., and a jury, at October Term, 1908, of DURHAM. This was a civil action, instituted before a justice of the peace. The -plaintiff did not file any written complaint.
Read the full summary
ActioN tried before J ones, J., and a jury, at October Term, 1908, of DURHAM. This was a civil action, instituted before a justice of the peace. The -plaintiff did not file any written complaint. The summons required the defendant “to answer the complaint of plaintiff for the nonpayment of $200 and interest from 21 August, 1907, until paid — $97, value of box of pants shipped him by Manhattan Pants Company, and $103, penalty for delay in such case provided in section 2632, Eevisal of 1905.” The defendant filed a written answer in the justice’s court, denying, that it was indebted to…
1Opinion of the CourtClark, C. J.
The plaintiff introduced two of the four paragraphs of the answer filed before the justice of the peace. The defendant offered the other two paragraphs. In Lewis v. Railroad, 132 N. C., 382, it is said: “Where a paragraph of an answer admits a specific fact, and in another part of the same paragraph denies the allegations of the corresponding paragraph of the complaint, the plaintiff is entitled to introduce the admission without introducing the part denying the allegations of the complaint.” Here the paragraphs of the answer put in evidence by the plaintiff were' complete in themselves, and…
2Cases cited6 opinions
- Lewis v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1903
- Harrill Bros. v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Morris-Scarboro-Moffitt Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
- Stewart v. Railroad Co.Supreme Court of North Carolina · 1904
- State Ex Rel. Goodwin v. Caraleigh Phosphate & Fertilizer WorksSupreme Court of North Carolina · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Armfield Co. v. . SaleebySupreme Court of North Carolina · 1919
- Armfield Co. v. SaleebySupreme Court of North Carolina · 1919
- Broadfoot v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1917
- Thurston v. Southern Railway Co.Supreme Court of North Carolina · 1914
4 more not listed; retrieve them via the Exa API.