Legal Opinion

Law v. . Cleveland

Supreme Court of North Carolina

Decided March 23, 1938PublishedCited by 4 opinions

1Opinion of the CourtClarkson, J.

The litigants on both sides of the controversy have submitted long, carefully prepared and interesting briefs, but we see no new or novel proposition of law involved in the action. We think the court below made no error in dismissing plaintiff’s action and in rendering judgment for defendant as therein set forth.

The two principal questions involved:

1. Hid the judgment overruling defendant’s demurrer, which was made on the fact that the complaint did not state a cause of action, preclude defendant from raising the same question on motion for judgment of nonsuit? We think not on the facts and…

2Cases cited4 opinions

  1. Baker v. GarrisSupreme Court of North Carolina · 1891
  2. Dansby v. North Carolina Mutual Life InsuranceSupreme Court of North Carolina · 1936
  3. Lalonde v. . HubbardSupreme Court of North Carolina · 1932
  4. W. H. Morris & Sons v. BurgessSupreme Court of North Carolina · 1895

3Cited by4 opinions

  1. Lewis v. ShaverSupreme Court of North Carolina · 1952
  2. Herring v. Queen City Coach Co.Supreme Court of North Carolina · 1951
  3. Lumberton Coach Co. v. StoneSupreme Court of North Carolina · 1952
  4. Rayburn v. . RayburnSupreme Court of North Carolina · 1940

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