Allen v. . Salley
Supreme Court of North Carolina
Appeal by defendant from Bay, J., at May Term, 1919, of BunooMbe. This is an action to recover damages as the result of a collision between an automobile truck belonging to the plaintiffs, and an automobile belonging to the defendant on Biltmore Avenue, near Asheville, 30 March, 1919. The defendant, prior to the bringing of this action, had brought an action against the plaintiffs in Polk County, where he resided, for damages arising out of the same collision.
Read the full summary
Appeal by defendant from Bay, J., at May Term, 1919, of BunooMbe. This is an action to recover damages as the result of a collision between an automobile truck belonging to the plaintiffs, and an automobile belonging to the defendant on Biltmore Avenue, near Asheville, 30 March, 1919. The defendant, prior to the bringing of this action, had brought an action against the plaintiffs in Polk County, where he resided, for damages arising out of the same collision. The summons in that action was served and returned prior to the beginning of this action by the plaintiffs. At the return term of the…
1Opinion of the CourtClark, C. J.
The defendant filed a certified copy of the summons, complaint, and answer in the action brought by him for exactly the same collision in Polk County. A demurrer would lie if the pendency of the former action appeared on the face of the complaint. Rev., 474 (3), but Rev., 477, provides: “Objection not appearing in thfy complaint. "When any of the matters enumerated (above) do not appear on the face of the complaint, the objection may be taken by answer.” The certified copy of the summons, complaint, and answer in the action brought by the defendant in Polk County show identically the same…
2Cases cited5 opinions
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- Long v. . JarrattSupreme Court of North Carolina · 1886
- Bell v. . HansleySupreme Court of North Carolina · 1855
- Rogers v. . HoltSupreme Court of North Carolina · 1867
3Cited by33 opinions
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Wirth v. BraceySupreme Court of North Carolina · 1963
- Underwood v. . DooleySupreme Court of North Carolina · 1929
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Dwiggins v. Parkway Bus Co.Supreme Court of North Carolina · 1949
28 more not listed; retrieve them via the Exa API.