Guy v. . Manuel
Supreme Court of North Carolina
EJECTMENT tried at Spring Term, 18S2, of CUMBERLAND Superior Court, before Shipp, J-. The defendant first filed an answer to the plaintiff’s complaint as follows: 1. That the first article therein contained is not true. 2. That so much of the second article of the plaintiff’s complaint as alleges that the defendant is in possession of the fifteen acres therein described is admitted, but denies that he wrongfully withholds the joossession of the same.
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EJECTMENT tried at Spring Term, 18S2, of CUMBERLAND Superior Court, before Shipp, J-. The defendant first filed an answer to the plaintiff’s complaint as follows: 1. That the first article therein contained is not true. 2. That so much of the second article of the plaintiff’s complaint as alleges that the defendant is in possession of the fifteen acres therein described is admitted, but denies that he wrongfully withholds the joossession of the same. Subsequently, by leave of the court, the defendant w?as permitted to file the following answer, to-wit: 1. That no allegation of the first…
1Opinion of the CourtAshe, J.
On the trial, several exceptions were taken by the jfiaintiff to the ruling of His Honor upon points of evidence, only two of which do we consider it important to consider. First, the plaintiff offered to send to the jury the first answer filed by the defendant, contending that it was an admission of record, but the court refused to receive it as evidence. In this there was error. The case of Adams v. Utley, 87 N. C., 356, directly bears upon the point here presented, and we think is decisive of this case. There, there were two answers filed by the defendant; the first admitted a credit on…
2Cases cited1 opinion
- Adams v. . UtleySupreme Court of North Carolina · 1882
3Cited by25 opinions
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.Court of Appeals for the Second Circuit · 1929
- Goodman v. . SappSupreme Court of North Carolina · 1889
- Cutler v. Cutler.Supreme Court of North Carolina · 1902
- State v. . JacksonSupreme Court of North Carolina · 1909
- State v. . BurtonSupreme Court of North Carolina · 1886
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