J. S. Andrews v. . F. E. Pritchett
Supreme Court of North Carolina
This was a civil action, tried before Clarke, Judge, at Fall Terra 1871, of Jones Superior Conrt. The plaintiff, in his his complaint alleged, that the defen-, •dants were indebted to his intestate in the sum of three hundred and ninety one dollars due by note.
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This was a civil action, tried before Clarke, Judge, at Fall Terra 1871, of Jones Superior Conrt. The plaintiff, in his his complaint alleged, that the defen-, •dants were indebted to his intestate in the sum of three hundred and ninety one dollars due by note. The defendants in their answer, denied the allegations of the plaintiff, and set up counter claims against one Thomas Wilcox, the original pajreé of said note, and alleged that said former payee agreed to allow the counter claims of debts against the note he then held against defendant. At the trial term oí the Court, when this cause…
1Opinion of the CourtDice, J.
This is an action for the recovery of money, and defendants filed their answer controverting the allegations of the plaintiff. Thus issues of fact were joined by the pleadings, and the plaintiff was entitled to have those issues submitted to a jury. C. C. P., see. 224.
If any of the causes of demurrer, specified in 0. C. P., sec. 95, were apparent on the face of the complaint, the defendants might have demurred, and thus raised issues of law which would have been properly determined by His Honor.
It appears from the record that the issues of facts in the case were not submitted to a j ury, but…
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