Pearce v. . Pearce
Supreme Court of North Carolina
Appeal by plaintiff from Parker, J., at December Civil.Term, 1945, of Wake. Affirmed. Civil action for divorce beard.on demurrer to tbe further defense and cross action pleaded in defendant’s answer. Tbis case was here on former appeal. Pearce v. Pearce, 225 N. C., 571. After the cause was remanded tbe defendant filed an amended answer in wbicb she pleads a revised further defense and cross action.
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Appeal by plaintiff from Parker, J., at December Civil.Term, 1945, of Wake. Affirmed. Civil action for divorce beard.on demurrer to tbe further defense and cross action pleaded in defendant’s answer. Tbis case was here on former appeal. Pearce v. Pearce, 225 N. C., 571. After the cause was remanded tbe defendant filed an amended answer in wbicb she pleads a revised further defense and cross action. Tbe plaintiff demurred for that tbe facts alleged, in view of defendant’s admissions, are not sufficient to constitute (1) a cross action or (2) a valid defense. Tbe demurrer was overruled and…
1Opinion of the CourtBabNHill, J.
Tbe further defense and tbe cross action or actions upon wbicb defendant apparently relies are not separately stated as required by statute and by tbe Rules of Practice adopted by tbis Court. G. S., 1-138, Rule 20 (2), 221 N. C., 557. Numerous facts are alleged in a series of paragraphs without any satisfactory attempt to indicate, wbicb are relied upon in defense and wbicb as a basis for affirmative relief. Henoe it does not appear with any degree of certainty just what affirmative defense and which cause or causes for divorce she seeks to assert.
Even so, on demurrer the defendant is…
2Cases cited14 opinions
- Hoke v. . GlennSupreme Court of North Carolina · 1914
- Byers v. . ByersSupreme Court of North Carolina · 1943
- Byers v. ByersSupreme Court of North Carolina · 1943
- Brown v. . BrownSupreme Court of North Carolina · 1938
- Taylor v. . TaylorSupreme Court of North Carolina · 1945
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3Cited by5 opinions
- Bailey v. BaileySupreme Court of North Carolina · 1956
- Pruett v. PruettSupreme Court of North Carolina · 1957
- Bolin v. BolinSupreme Court of North Carolina · 1957
- Ayers v. AyersSupreme Court of North Carolina · 1967
- Wade v. WadeSupreme Court of North Carolina · 1960