Dempsey v. . Rhodes
Supreme Court of North Carolina
Defence Bond — Action to Recover Land — Counter-Claim— Filing Pleadings — Discretion of Judge — Judgment — Trusts and. Trustees. This was a civil ACTION tried before Gudger, Judge, at February Term, 1885, of Duplin Superior Court. This action was brought to the Fall Term, 1882, of the Superior Court of the county of Duplin, to recover possession of the land described in the complaint, which was filed at that term.
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Defence Bond — Action to Recover Land — Counter-Claim— Filing Pleadings — Discretion of Judge — Judgment — Trusts and. Trustees. This was a civil ACTION tried before Gudger, Judge, at February Term, 1885, of Duplin Superior Court. This action was brought to the Fall Term, 1882, of the Superior Court of the county of Duplin, to recover possession of the land described in the complaint, which was filed at that term. The plaintiffs claimed that the land was devised to them by the will of Frank Brice, deceased. It appears that by leave of the Court, the defendant filed his answer in February of…
1Opinion of the CourtMerrimon, J.
(after stating the facts). The answer appears in the record as having been filed regularly at the appearance term — it was, however, in fact, by permission of the Court, filed in February, 1883, as of that term. It was competent to allow this to be done, though such practice ought not to be encouraged. It generally engenders dissatisfaction, sometimes serious irregularity and unnecessary contention. So that the answer had been on file with the permission of the Court, for two years next before the trial. The plaintiffs cannot be heard to say that they did not see it — they were before the…
2Cases cited16 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
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- Jones v. . MialSupreme Court of North Carolina · 1880
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3Cited by15 opinions
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- Bryan v. . CanadySupreme Court of North Carolina · 1915
- Presson v. . BooneSupreme Court of North Carolina · 1891
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