Walters v. . Starnes
Supreme Court of North Carolina
Civil action, upon motion of plaintiffs to strike out defendant’s answer as frivolous and for judgment heard before Robinson, J., at December Term, 1895, of Buroombe Superior Court.
1Opinion of the Court
Clark, J.:
On the refusal of the court to hold the answei frivolous no appeal lay, but the plaintiffs should have had their exception noted in the record ; and, if they should lose the case at the trial term, this exception would then come up, or they could likewise raise it at that term, after an adverse verdict, by a motion non obstante vere-dicto. Gui bono appeal, when the injury to the plaintiffs is merely a delay till the next term, and that delay cannot be avoided but may be increased by an appeal ? To refuse to hold an answer or demurrer frivolous, if it is clearly such, is error, of…
2Cases cited7 opinions
- Merritt Milling Co. v. FinlaySupreme Court of North Carolina · 1892
- Bell v. HowertonSupreme Court of North Carolina · 1892
- Hinton v. Life InsuranceSupreme Court of North Carolina · 1895
- Hull, Lanier & Co. v. CarterSupreme Court of North Carolina · 1880
- Turlington v. . WilliamsSupreme Court of North Carolina · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Abbott Ex Rel. Abbott v. HancockSupreme Court of North Carolina · 1898
- Parker v. North Carolina RailroadSupreme Court of North Carolina · 1909
- Morgan v. Harris.Supreme Court of North Carolina · 1906
- Atlantic Coast Line Railroad v. Brunswick CountySupreme Court of North Carolina · 1919
- R. R. v. . Brunswick Co.Supreme Court of North Carolina · 1919