Legal Opinion

Love v. Huffines

Supreme Court of North Carolina

Decided December 1, 1909PublishedCited by 4 opinions

Appeal from Long, J., May Term, 1909, of G-uilfoRD. Tbe facts are stated in tbe opinion of tbe Court.

1Opinion of the CourtWaleeR, J.

Tbis is an action originally commenced before a justice of tbe peace to recover tbe sum of $194.78. "We will say in tbe beginning tbat we do not approve tbe method of pleading generally adopted in tbe State, of issuing a summons for a de*379fendant, merely requiring Mm to appear and answer a complaint upon a cause of action not stated in the summons and not after-wards stated before the magistrate and recorded in his docket. "We again call the attention of the profession to the provision of the statute that a plaintiff must somewhere, either in the summons or in the complaint before the justice,…

2Cases cited17 opinions

  1. Blair v. Coakley.Supreme Court of North Carolina · 1904
  2. Johnson v. Andrews.Supreme Court of North Carolina · 1903
  3. Southern Pants Co. v. SmithSupreme Court of North Carolina · 1899
  4. Erwin v. . BaileySupreme Court of North Carolina · 1898
  5. Johnson v. Reformers.Supreme Court of North Carolina · 1904

12 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Rawls v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
  2. Starr Electric Co. v. Lipe Motor Lines, Inc.Supreme Court of North Carolina · 1948
  3. State v. HutchinsSupreme Court of North Carolina · 1923
  4. Lindsey v. Supreme Lodge of Knights of HonorSupreme Court of North Carolina · 1916

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