Legal Opinion
Johnson v. Scarborough
Supreme Court of North Carolina
Decided October 12, 1955No. 169PublishedCited by 6 opinions
1Opinion of the CourtParker, J.
We are concerned here with a question of proper pleading. The allegations in the further defense for affirmative relief are in reality cross-actions, and a demurrer is the proper procedure to test the question as to whether or not there is a misjoinder of parties and causes. Bank v. Angelo, 193 N.C. 576, 137 S.E. 705; Beam v. Wright, 222 N.C. 174, 22 S.E. 2d 270.
The respondents have incorporated, what are in reality seven cross-actions, in one further answer. The first is against Nash Johnson to have declared void by reason of his fraud certain instruments and deeds conveying to him and B. D.…
2Cases cited14 opinions
- Leach v. . PageSupreme Court of North Carolina · 1937
- Citizens National Bank v. Angelo Bros.Supreme Court of North Carolina · 1927
- Branch Banking & Trust Co. v. PeirceSupreme Court of North Carolina · 1928
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
- Teague v. Siler City Oil Co.Supreme Court of North Carolina · 1950
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3Cited by6 opinions
- Cunningham v. BrigmanSupreme Court of North Carolina · 1964
- Orkin Exterminating Company v. O'HANLONSupreme Court of North Carolina · 1956
- Tart v. ByrneSupreme Court of North Carolina · 1956
- Davis v. DavisSupreme Court of North Carolina · 1957
- Quenby Corp. v. FRANK H. CONNER COMPANYSupreme Court of North Carolina · 1967
1 more not listed; retrieve them via the Exa API.