Nash v. . Ferrabow
Supreme Court of North Carolina
Civil action, tried before Shuford, J., and a jury, at January Term, 1894, of Granville Superior Court. There was a verdict for defendant, and from the judgment thereon the plaintiff appealed. In this Court the defendant moved to dismiss upon the ground that the complaint did not state a cause of action.
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Civil action, tried before Shuford, J., and a jury, at January Term, 1894, of Granville Superior Court. There was a verdict for defendant, and from the judgment thereon the plaintiff appealed. In this Court the defendant moved to dismiss upon the ground that the complaint did not state a cause of action. The complaint was as follows: “ 1. That on the 1st day of April, 1890, the plaintiff and the defendant entered into an agreement in writing, of which the following is a copy, to-wit: “‘This agreement made, this the 11th day of April, 1890, between the properly authorized officers of the Stem…
1Opinion of the Court
Clark;, J.:
The defendant moves to dismiss in this Court because the complaint does not state a cause of action. This is one of the two objections which can be taken in this Court, when not made below. Rule' 27 of this Court. Indeed the Court could take it ex mero moto. Hagins v. Railroad, 106 N. C., 537, and other cases cited in Clark’s Code, 2d Ed., p. 698. We are of opinion that the objection is well taken. The paper-writing relied on as the foundation of the action is too vague and indefinite to fix the defendant with liability. It recites that the agreement is made with them as “the…
2Cited by3 opinions
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- Fowler v. Fowler.Supreme Court of North Carolina · 1902
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917