Mottu v. Davis.
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., June Term, 1909, of Edge-combe. Civil action, beard as on demurrer to tbe answer. Tbe plaintiff institu+ed tbe action to recover on a judgment of tbe Corporation or Hustings Court of tbe city of Manchester and State of Virginia, in tbe sum of $1,848.25, witb interest and cost, and filed bis complaint, alleging tbe rendition of tbe judgment in a court of general jurisdiction, and annexing a transcript of same, properly certified, and showing that…
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Appeal from 0. H. Allen, J., June Term, 1909, of Edge-combe. Civil action, beard as on demurrer to tbe answer. Tbe plaintiff institu+ed tbe action to recover on a judgment of tbe Corporation or Hustings Court of tbe city of Manchester and State of Virginia, in tbe sum of $1,848.25, witb interest and cost, and filed bis complaint, alleging tbe rendition of tbe judgment in a court of general jurisdiction, and annexing a transcript of same, properly certified, and showing that the plaintiff had ins+hu^ed said action in tbe court in Virginia against tbe present defendant; that'personal service…
1Opinion of the Court
Hoke, J.,
after stating tbe case: Tbe pleading on the part of plaintiff, styled a reply, and tbe demurrer, are both addressed, in terms, to tbe defendant’s “further answer.” Ordinarily tbis is irregular and not permissible. Enel. Pl. & Pr., vol. 6, p. 382. As tbis further answer, however, is designed and intended to set up two defenses — one, that tbe judgment was rendered on a demand growing out of a gambling transaction, and that same was procured by fraud — tbe course pursued iii tbis instance seems to be sanctioned by tbe Code, sec. 485, and, in any event, as this reply only amounted, in…
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