Rankin v. . Allison
Supreme Court of North Carolina
Civil action, tried before Mitchell, J., at Spring Term 1870 of Caldwell Court. A summons, issued in the name of Jesse Eankin, plaintiff, .against E. M. Allison and others, defendants, returnable to the Superior Court of Caldwell County. The complaint alleged, that the defendants, on February 26th 1863, made a promissory note to Sarah 0. McEorie, which she assigned to plaintiff, and that it is due and unpaid, &c.
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Civil action, tried before Mitchell, J., at Spring Term 1870 of Caldwell Court. A summons, issued in the name of Jesse Eankin, plaintiff, .against E. M. Allison and others, defendants, returnable to the Superior Court of Caldwell County. The complaint alleged, that the defendants, on February 26th 1863, made a promissory note to Sarah 0. McEorie, which she assigned to plaintiff, and that it is due and unpaid, &c. The complaint was verified by affidavit, but was afterwards amended by adding in the title, after the name of Jesse Eankin, the words, “guardian of John S. McEorie.” The answer…
1Opinion of the Court
Eodmaít, J.
(After stating the case as above.) It was said for the plaintiff in this Court, that the answer was properly disregarded, because it was not properly verified; but, as the complaint was amended in a material part after it had been sworn to, it was in effect, not sworn to: consequently the answer did not require to be verified by affidavit.
2. Every action must be brought to the Superior Court of the County where the plaintiff or defendant resides: 0. C. P. §§. 74, 68; Acts, 1868-’69; and if both reside in the same county, it must, of course, be brought in that county. If an action…
2Cited by7 opinions
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- Alexander v. . WristonSupreme Court of North Carolina · 1879
- McCullen v. . R. R.Supreme Court of North Carolina · 1908
- Susan Mebane v. . C. P. Mebane .Supreme Court of North Carolina · 1872
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