Gregory v. . Hobbs
Supreme Court of North Carolina
Pleading — Former Action — Joinder of Causes of Action. CryiL action tried before Graves, Judge, at Fall Term, 1885, of Chowan Superior Court.
Read the full summary
Pleading — Former Action — Joinder of Causes of Action. CryiL action tried before Graves, Judge, at Fall Term, 1885, of Chowan Superior Court. The plaintiff brought a former action against the present defendants in the Superior Court of the county of Chowan, the purpose of which was, to have them declared to be trustees holding the legal title to a house and lot situate in the town of Eden-ton for the plaintiff; to have such title conveyed to him; and for the purpose of recovering possession of the house and lot. At the Spring Term, 1882, of that Court, a decree was entered in that action…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). The defendants do not plead in the present action that the cause of action alleged in the complaint was alleged or litigated at all in the former action; but they jnsist- that the cause of action now declared upon ought to have been properly set forth and insisted upon in the former action, and as it was not, it is lost, and the plaintiff has now no remedy as to it.
This contention of the defendants rests upon one of two assumptions : First, that the cause of action of the present action is essentially a part of that of the former one; or secondly, that…
2Cases cited1 opinion
- Livingston v. TannerNew York Supreme Court · 1852
3Cited by7 opinions
- Reid v. HoldenSupreme Court of North Carolina · 1955
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Winders v. Hill.Supreme Court of North Carolina · 1906
- State ex rel. Arnold v. LichtaMissouri Court of Appeals · 1908
- Shakespeare v. Caldwell Land & Lumber Co.Supreme Court of North Carolina · 1907
2 more not listed; retrieve them via the Exa API.