Abbott Ex Rel. Abbott v. Hancock
Supreme Court of North Carolina
This is the plaintiffs’ appeal from the judgment of his Honor, Brown, J., refusing to decide that the demurrer filed was frivolous and to render judgment by default against the defendant. The facts are stated and are the same as appear in the defendants’ appeal at the present term. The counsel on both sides are also the same.
1Opinion of the Court
Clark, J.:
The demurrer having been overruled the defendant appealed as he had a right to do. Ramsey v. Railroad, 91 N. C., 418. The plaintiff also, appeals because the Judge refused to go further and hold the de murrer frivolous. Code, Sections 247 and 388. This has been held not appealable. Walters v. Starnes, 118 N. C., 842. This is so as to refusing to strike out a frivolous or sham answer, because if the. defendant should get the verdict the plaintiff can raise the same point by motion for judgment non obstante veredicto, .and more delay would be incurred ordinarily by the appeal than by…
2Cases cited3 opinions
- Dunn v. . Barnes, Adm'rSupreme Court of North Carolina · 1875
- Ramsay v. Richmond & Danville RailroadSupreme Court of North Carolina · 1884
- Walters v. . StarnesSupreme Court of North Carolina · 1896
3Cited by5 opinions
- Parker v. North Carolina RailroadSupreme Court of North Carolina · 1909
- Morgan v. Harris.Supreme Court of North Carolina · 1906
- Delozier v. . BirdSupreme Court of North Carolina · 1899
- Atlantic Coast Line Railroad v. Brunswick CountySupreme Court of North Carolina · 1919
- R. R. v. . Brunswick Co.Supreme Court of North Carolina · 1919