Clement v. . Foster
Supreme Court of North Carolina
Appeal — Interlocutory- Orders and Judgments. Civil ACTION tried before Gilmer, J.,. at Fall Term, 1887, of the Superior Court of Davie County.
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Appeal — Interlocutory- Orders and Judgments. Civil ACTION tried before Gilmer, J.,. at Fall Term, 1887, of the Superior Court of Davie County. The plaintiffs alleged that on the 6th day of July, 1882, the defendants executed to J. M. Clements a bond for the payment of the sum of $489.50, of which the following is a copy: “$489.50. One day after date we or either of us, as joint principals, promise to pay J. M. Clement four hundred and eighty-nine dollars and fifty cents, with interest from date at eight per cent, peLannum, interest payable annually on the 6th day of July of each year.…
1Opinion of the Court
Davis, J.,
(after stating the case). The plaintiffs were entitled to judgment against Coleman Foster, and there was error in refusing it.
The motion for judgment against Samuel Foster was predicated upon the insufficiency of his answer and was in the nature of a demurrer thereto. Being refused, the plaintiffs’ exception should have been noted and the action tried upon the issues raised by the complaint and answer, as it may have resulted that after the trial, no appeal would have been necessary. In this respect the appeal was premature, and, as no substantial right could have been lost to the…
2Cases cited5 opinions
- Hines v. . HinesSupreme Court of North Carolina · 1881
- State Ex Rel. Commissioners of Wake County v. MagninSupreme Court of North Carolina · 1878
- Commissioners of Beaufort v. SatchwellSupreme Court of North Carolina · 1883
- Grant v. . ReeseSupreme Court of North Carolina · 1884
- Emery v. . HardeeSupreme Court of North Carolina · 1886
3Cited by9 opinions
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- Blackwell v. . McCaineSupreme Court of North Carolina · 1890
- Wall v. First National Bank of CrosbyNorth Dakota Supreme Court · 1923
- Emry v. . ParkerSupreme Court of North Carolina · 1892
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