McEachin v. . Stewart
Supreme Court of North Carolina
This was a civil ACTION, tried at Fall Term, 1889, of RICHMOND Superior Court, before Shipp, J. In a special proceeding lately pending in the Superior Court of the county of Richmond, brought to compel partition of the lands therein specified, the Court, among other things, adjudged that a certain fund of $500, belonged to the plaintiffs, and directed that the same be safely invested for their benefit, as alleged and explained in the complaint in this action, the material -…
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This was a civil ACTION, tried at Fall Term, 1889, of RICHMOND Superior Court, before Shipp, J. In a special proceeding lately pending in the Superior Court of the county of Richmond, brought to compel partition of the lands therein specified, the Court, among other things, adjudged that a certain fund of $500, belonged to the plaintiffs, and directed that the same be safely invested for their benefit, as alleged and explained in the complaint in this action, the material - parts whereof are as follows: The plaintiffs, complaining of the defendants, allege— 1. That the plaintiff M. A.…
1Opinion of the Court
MerkimoN, C. J.:
For the present purpose, the allegations of the complaint must be accepted as true. It would be better if they were in some respects fuller, more explicit and orderly than they are; but the Court can certainly see by the complaint, taken as a whole, that a cause of action is alleged with sufficient certainty to enable it to give the judgment demanded, or some other appropriate judgment. Moreover, it gives the defendant such information in regard to the cause of action alleged as will enable him to make any defence he may have. If, in some possible respect, he may desire a more…
2Cases cited2 opinions
- May v. Le ClaireSupreme Court of the United States · 1871
- Bank of Statesville v. SimontonSupreme Court of North Carolina · 1882
3Cited by4 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- New Bern Banking & Trust Co. v. DuffySupreme Court of North Carolina · 1911
- Lackett v. RumbaughU.S. Circuit Court for the District of Western North Carolina · 1891
- McEachern v. . StewartSupreme Court of North Carolina · 1894