Best v. . Clyde
Supreme Court of North Carolina
MotioN heard at Chambers in Raleigh on the 11th of February, 1882, before Graves, J. The plaintiff filed his complaint within the first three days of fall term, 1881, of the superior court of Rowan and the record shows an order to have been then entered “that the defendants have sixty days to answer the complaint ; or, as stated .in the accompanying case, “ in which to answer or demur.”
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MotioN heard at Chambers in Raleigh on the 11th of February, 1882, before Graves, J. The plaintiff filed his complaint within the first three days of fall term, 1881, of the superior court of Rowan and the record shows an order to have been then entered “that the defendants have sixty days to answer the complaint ; or, as stated .in the accompanying case, “ in which to answer or demur.” Before the expiration of the time limited, it was prolonged by agreement of plaintiff’s counsel to the first day of March. Meanwhile, notice was served on one of the plaintiff’s counsel of an intended…
1Opinion of the Court
Smith, C. J.,
after stating the above. The fit and appropriate time for making the application for the removal of obnoxious and improper matter from a complaint, is and must be before answer or demurrer and before the granting of further time for either.
In New York, from which state our code system of procedure is derived, the practice is controlled by a rule, and in its construction and enforcement it is held, that motions to correct or to render pleadings more definite and certain are waived by the service of an answer to an impeached pleading, or by an extension of time to plead; or by any…
2Cases cited1 opinion
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
3Cited by8 opinions
- Hensley v. McDowell Furniture Co.Supreme Court of North Carolina · 1913
- Parrish v. . R. R.Supreme Court of North Carolina · 1942
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Thames v. . JonesSupreme Court of North Carolina · 1887
- Smith v. . SummerfieldSupreme Court of North Carolina · 1891
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