Legal Opinion

Bank of Statesville v. Bogle

Supreme Court of North Carolina

Decided October 5, 1881PublishedCited by 4 opinions

Civil Action-,, tried at Fall Term,, 1881,. of Ired-ell Superior Court, before Seymour, J.. The summons in this action issued on the- 21st day of May, 1879. In the complaint the plaintiff alleges that the-defendant was in its employment, as a clerk, from the 1st off June,, 1871„to. the 1st of June,, 1876,. during which time he. was permitted to draw money from the bank and charge himself with the same-.; and that in. this way, and within those periods, he drew and charged…

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Civil Action-,, tried at Fall Term,, 1881,. of Ired-ell Superior Court, before Seymour, J.. The summons in this action issued on the- 21st day of May, 1879. In the complaint the plaintiff alleges that the-defendant was in its employment, as a clerk, from the 1st off June,, 1871„to. the 1st of June,, 1876,. during which time he. was permitted to draw money from the bank and charge himself with the same-.; and that in. this way, and within those periods, he drew and charged himself with the sum ■of $336.55, -which he has failed to pay. In his answer the defendant admits the allegations of the…

1Opinion of the CourtRufetn, J.

The stress of the-argument in this court was Üaid upon the sufficiency of -the answer, in setting up the ■defence of the statute of limitations — the plaintiff contending that as pleaded without any statement of facts to support it, it was but a mere announcement of a conclusion of law. We do not feel at liberty, however, to go into that ■question, as. the demurrer itself is so defective as to require that it should be disregarded:

A general demurrer that the-complaint .(or answer) does •not set forth facts sufficient to constitute a cause of action ¡(or defence) should be overruled,' or…

2Cases cited1 opinion

  1. Love v. Commissioners of Chatham CountySupreme Court of North Carolina · 1870

3Cited by4 opinions

  1. Duke v. CampbellSupreme Court of North Carolina · 1951
  2. Elam v. . BarnesSupreme Court of North Carolina · 1892
  3. Burbank v. . Commissioners of BeaufortSupreme Court of North Carolina · 1885
  4. Goss v. . WallerSupreme Court of North Carolina · 1884

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