McKinnon v. . Morrison
Supreme Court of North Carolina
Pleading — Counter-claim — Contracts — Torts — Warranty— Issues — Judge’s Charge — Exception-—Evidence—Negligence— Verdict — Judgment in Supreme Court. This was a civil actioN, for the enforcement of an agricultural lien for advancements under the statute, tried before Shepherd, J., at October Term, 1888, of RobesoN Superior Court, upon issues under the defendant’s affidavit and notice filed with the Sheriff.
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Pleading — Counter-claim — Contracts — Torts — Warranty— Issues — Judge’s Charge — Exception-—Evidence—Negligence— Verdict — Judgment in Supreme Court. This was a civil actioN, for the enforcement of an agricultural lien for advancements under the statute, tried before Shepherd, J., at October Term, 1888, of RobesoN Superior Court, upon issues under the defendant’s affidavit and notice filed with the Sheriff. Defendant’s bond, dated January 17,1887; due October 1st, payable to plaintiff in the sum of $130; also a mortgage on the horse of same date, and an agricultural lien of same date,…
1Opinion of the CourtClark, J.
— after stating th'e facts: The plaintiff moved in this Court to strike out “ that part of the answer which sets up a counter-claim for damages, this action being in contract.” In a proper case, such motion here is allowable, because a counter-claim is a cross-action, and, if the Court below did not have jurisdiction, advantage can be taken of that defect in this Court. Tucker v. Baker, 86 N. C., 1; Bryant v. Fisher, 85 N. C., 69.
The plaintiff’s motion is on the ground that damages, being for a tort, cannot be pleaded as a counter-claim to an action on a contract. But damages are not…
2Cases cited26 opinions
- Bost v. . BostSupreme Court of North Carolina · 1882
- Thornton v. . BradySupreme Court of North Carolina · 1888
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
- Hammond v. SchiffSupreme Court of North Carolina · 1888
- Terry v. Danville, Mocksville & Southwestern RailroadSupreme Court of North Carolina · 1884
21 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Rawls v. . LuptonSupreme Court of North Carolina · 1927
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Helms v. . GreenSupreme Court of North Carolina · 1890
89 more not listed; retrieve them via the Exa API.