Farmers Manufacturing Co. v. Steinmetz
Supreme Court of North Carolina
ActioN by the Farmers’ Manufacturing Company against C. M. Steinmetz, beard by Judge R. B. Peebles and a'jury, at February Term, 1903, of the Superior Court of DuuliN County. From a judgment for the plaintiff the defendant appealed.
1Opinion of the Court
Clark, G. J.
This was an action to recover an alleged indebtedness with ancillary proceedings of attachment against the defendant as a non-resident. There are but two exceptions :
1. The defendant having offered in evidence tire third paragraph of the complaint, the plaintiff was allowed to offer the rest of the complaint over tbe defendant’s exception. In Spencer v. Fortescue, 112 N. C., 269, it is beld that tbe whole admissions in tbe pleadings must be taken together; therefore, where in an action upon a note the plaintiff offered part of the defendant’s answer admitting the debt, it was…
2Cases cited7 opinions
- Austin v. . KingSupreme Court of North Carolina · 1884
- Smith v. . NimocksSupreme Court of North Carolina · 1886
- Smith v. . SmithSupreme Court of North Carolina · 1890
- Gossler v. . WoodSupreme Court of North Carolina · 1897
- State Ex Rel. Gamble v. RhyneSupreme Court of North Carolina · 1879
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3Cited by4 opinions
- Morganton Manufacturing & Trading Co. v. Foy-Seawell Lumber Co.Supreme Court of North Carolina · 1919
- Richardson v. . WoodruffSupreme Court of North Carolina · 1919
- Bizzell v. . MitchellSupreme Court of North Carolina · 1928
- Spencer v. . FortescueSupreme Court of North Carolina · 1893