Boone v. . Hardie
Supreme Court of North Carolina
Civil Action to recover damages for the sale and conversion of property conveyed in a deed of trust, tried at Spring Term, 1880, of Cumberland Superior Count, before ■Eure, J. D. EL Bell executed a deed in trust on the 18th of February, T87-9, to his co-plaintiff, J. O. Boone, conveying for the security of his creditors in two classes as therein expressed, a stock of goods, wares and merchandise described as consisting of liquors, dry goods, groceries, notions and general…
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Civil Action to recover damages for the sale and conversion of property conveyed in a deed of trust, tried at Spring Term, 1880, of Cumberland Superior Count, before ■Eure, J. D. EL Bell executed a deed in trust on the 18th of February, T87-9, to his co-plaintiff, J. O. Boone, conveying for the security of his creditors in two classes as therein expressed, a stock of goods, wares and merchandise described as consisting of liquors, dry goods, groceries, notions and general merchandise, with all his book-debts and notes and his household and kitchen furniture, with a reservation out of the same…
1Opinion of the Court
Dillard, J.,
after stating the case. It was not error to refuse the motion of the plaintiff to strike out the clause of the answer wherein the defendant setup his justification on the ground that the same was sham. Without doubt an answer may be stricken out as sham under C. C. P., § 104, and and so it might have been under the common law pleadings; but then under either system itinust be really a sham pleading, that is to say, it must set up matter as a defence which is a mere pretence and has not the color of fact. The design- was to prevent vexatious defences by the plea of matter for…
2Cases cited2 opinions
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1877
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1879
3Cited by7 opinions
- Penn Dixie Lines, Inc. v. GrannickSupreme Court of North Carolina · 1953
- Phifer v. . ErwinSupreme Court of North Carolina · 1888
- Mitchell v. MitchellDistrict Court, E.D. North Carolina · 1906
- A. Blanton Grocery Co. v. TaylorSupreme Court of North Carolina · 1913
- Boone v. . HardieSupreme Court of North Carolina · 1882
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