Legal Opinion

Norton v. . McDevit

Supreme Court of North Carolina

Decided May 3, 1898PublishedCited by 23 opinions

Civil action, tried before Norwood, J., and a jury, at Fall Term, 1897, of Madison Superior Court. The facts appear in the opinion. There was a verdict for the defendant and from the judgment thereon the plaintiff appealed.

1Opinion of the Court

Eukches, J.:

This is an action to declare a trust and for possession of land. The complaint, as it is drawn, does not very distinctly state the plaintiff’s cause of action. It is a mistake to suppose that the Code pleading does away with the necessity of a correct statement of plaintiff’s cause of action, or relieves the defendant from making a correct statement of his grounds of defence. While it is not necessary that this should be done with the technical exactness required under the old style of pleading, it should be done with substantial accuracy. But the great object in pleading is to…

2Cases cited7 opinions

  1. Mask v. . TillerSupreme Court of North Carolina · 1883
  2. Wright v. . CainSupreme Court of North Carolina · 1885
  3. Stith v. . McKeeSupreme Court of North Carolina · 1882
  4. Hodges v. . CouncilSupreme Court of North Carolina · 1882
  5. Ross v. . HendersonSupreme Court of North Carolina · 1877

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

3Cited by23 opinions

  1. Blackmore v. . WindersSupreme Court of North Carolina · 1907
  2. Bowen v. DardenSupreme Court of North Carolina · 1954
  3. Knox v. KnoxSupreme Court of Minnesota · 1946
  4. Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
  5. Creech v. CreechSupreme Court of North Carolina · 1943

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

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