Curran v. . Kerchner
Supreme Court of North Carolina
Civil aotioN, heard at September Term, 1895, of New Hanover Superior Court, before Oreene, J., on amotion for judgment by default final for want of answer to the first of two causes of action arising on two notes set out in the complaint, an answer having been filed to the second cause of action. The motion was refused and the plaintiff appealed. The facts are sufficiently stated in the opinion of Associate Justice Lurches. '
1Opinion of the Court
Furches, J. :
This is an action to recover money, brought on two notes, one for two thousand dollars and the other for five thousand dollars — each note set out and alleged as different causes of action — first cause and second cause of action.
This action was returnable to September term, 1895, of New HaNOvee Superior Court, at which term the plaintiff filed a verified complaint, and defendant answered as to the $5,000 note set out as the second cause of action but made no answer whatever to the $2,000 note set out as the first cause of action.
Upon this state of pleadings plaintiff moved for…
2Cases cited2 opinions
- Griffin v. Asheville Light Co.Supreme Court of North Carolina · 1892
- Parker v. . BledsoeSupreme Court of North Carolina · 1882
3Cited by5 opinions
- Kruger v. Bank of CommerceSupreme Court of North Carolina · 1898
- Charles v. YoungSupreme Court of Florida · 1917
- Adams v. . BeasleySupreme Court of North Carolina · 1917
- Cantwell v. Herring.Supreme Court of North Carolina · 1900
- Carraway v. Stancill.Supreme Court of North Carolina · 1905