Whitesides v. . Green
Supreme Court of North Carolina
Assumpsit, tried before Logan, J., at Eall term 1869, of Cleveland Court. The action bad been brought to Spring term 1867, and at that term, an incipitur was demanded by the defendant before pleading, and an-entry was made upon the docket, “Plaintiff charges for keeping his mother-in-law.”
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Assumpsit, tried before Logan, J., at Eall term 1869, of Cleveland Court. The action bad been brought to Spring term 1867, and at that term, an incipitur was demanded by the defendant before pleading, and an-entry was made upon the docket, “Plaintiff charges for keeping his mother-in-law.” No other steps were taken by either party, until Eall term 1869, when the. cause was called for trial. • At that time the plaintiff asked for judgment for want of a plea, which the Court refused. The defendant proposed thereupon, to plead the General-issue, but the Court would not permit it. The pleas put…
1Opinion of the CourtRodmaN, J.
The difficulty of deciding the first point made in this case, arises, partly from the indefinite way in which the facts are stated, and partly from the uncertainty which always attends a question of, how far parties have waived or lost their rights, by omitting, through courtesy "or indulgence to claim them in due time or manner.
The act of 1868-9, ch. 112 § 80, by its terms, is confined tocases in which administrators had already pleaded; we think therefore it has no application in this case. We must determine this case by inquiring what were the rights of the parties according to the course…
2Cases cited1 opinion
- State Ex Rel. Peoples v. MaxwellSupreme Court of North Carolina · 1870
3Cited by12 opinions
- Gray v. . CooperSupreme Court of North Carolina · 1871
- In Re Will of BrownSupreme Court of North Carolina · 1932
- Lockhart v. . BellSupreme Court of North Carolina · 1884
- Brown v. . AdamsSupreme Court of North Carolina · 1917
- In Re Will of BowlingSupreme Court of North Carolina · 1909
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