Wooten v. S. R. Biggs Drug Co.
Supreme Court of North Carolina
Appeal by plaintiff from Shaw, J., at November Term, 1914, of MeckleNbueg. Action to recover damages, in wbicb tbe plaintiff filed the following complaint: Tbe plaintiff, complaining of tbe defendant, alleges: 1. That be is and was, at tbe times hereinafter mentioned, a resident and citizen of said county and State, and that tbe defendant is and was, at said times, a corporation under and by virtue of tbe laws of North Carolina, engaged in tbe business of handling drugs,…
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Appeal by plaintiff from Shaw, J., at November Term, 1914, of MeckleNbueg. Action to recover damages, in wbicb tbe plaintiff filed the following complaint: Tbe plaintiff, complaining of tbe defendant, alleges: 1. That be is and was, at tbe times hereinafter mentioned, a resident and citizen of said county and State, and that tbe defendant is and was, at said times, a corporation under and by virtue of tbe laws of North Carolina, engaged in tbe business of handling drugs, fountain beverages, etc., with its principal place of business in tbe city of Williamston in Martin County in said State.…
1Opinion of the Court
AlleN,- J.
The plaintiff was not entitled to notice of the motion to dismiss the action because the motion was made at a regular term of court. Hemphill v. Moore, 104 N. C., 379; Coor v. Smith, 107 N. C., 430; Stith v. Jones, 119 N. C., 430.
The rule as to motions made in term is stated in Goor v. Smith to be that, “While the action is pending no actual notice is required, as all parties are presumed to have notice of all motions, orders, and decrees made in the cause.”
Nor was it the duty of his Honor to find as a fact that the demand for judgment by the plaintiff was not made in good faith.
The…
2Cases cited8 opinions
- Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872
- Coor v. . SmithSupreme Court of North Carolina · 1890
- Stith v. . JonesSupreme Court of North Carolina · 1896
- Hemphill v. MooreSupreme Court of North Carolina · 1889
- Brock v. . ScottSupreme Court of North Carolina · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Summerlin v. . R. R.Supreme Court of North Carolina · 1903
- Stonestreet v. Southern Oil Co.Supreme Court of North Carolina · 1946
- Williams v. . WilliamsSupreme Court of North Carolina · 1924
- Bundy v. . Credit Co.Supreme Court of North Carolina · 1932
- Parrish v. . R. R.Supreme Court of North Carolina · 1907
9 more not listed; retrieve them via the Exa API.