Legal Opinion

Mottu v. Davis.

Supreme Court of North Carolina

Decided November 3, 1909PublishedCited by 30 opinions

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…

2Cases cited25 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. Fauntleroy v. LumSupreme Court of the United States · 1908
  3. Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
  4. Case of Broderick's WillSupreme Court of the United States · 1875
  5. Blake v. McClungSupreme Court of the United States · 1898

20 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
  2. Galloway v. . GoolsbySupreme Court of North Carolina · 1918
  3. Cody v. . HoveySupreme Court of North Carolina · 1941
  4. Lockman v. . LockmanSupreme Court of North Carolina · 1941
  5. Lockman v. LockmanSupreme Court of North Carolina · 1941

25 more not listed; retrieve them via the Exa API.

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