Rosenbacher v. . Martin
Supreme Court of North Carolina
Appeal by plaintiffs from Gime, at September Term, 1915, of Forsyth. Civil action to recover on an account for goods sold and delivered, brought before a justice of tbe peace, wbo beard tbe same, upon tbe issue of indebtedness raised by the parties, and gave judgment in favor of tbe plaintiff for $63.19, with interest and costs. Defendants appealed.
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Appeal by plaintiffs from Gime, at September Term, 1915, of Forsyth. Civil action to recover on an account for goods sold and delivered, brought before a justice of tbe peace, wbo beard tbe same, upon tbe issue of indebtedness raised by the parties, and gave judgment in favor of tbe plaintiff for $63.19, with interest and costs. Defendants appealed. In tbe magistrate’s court they bad answered to tbe merits, ■denying tbe indebtedness, and, as stated, tbe case was tried on this issue. In the Superior Court, as tbe record states, tbe defendants, without withdrawing their answer by leave of tbe…
1Opinion of the Court
WalKER, J.,
after stating tbe case: Tbe course pursued was quite-irregular practice. Tbe defendant bad gone through tbe justice’s court pleading to and trying upon tbe merits. His answer waived, or, as-is sometimes said, overruled, tbe demurrer. Ransom v. McClees, 64 N. C., 17; Finch v. Baskerville, 85 N. C., 205; Moseley v. Johnson, 144 N. C., 257. The defect of parties, if there is one, appeared upon tbe face of tbe record, and tbe objection should have been taken by demurrer in tbe beginning. Eevisal, sec. 474 (4); Davidson v. Elms, 67 N. C., 228; Machine Co. v. Lumber Co., 109 N. C., 576.…
2Cases cited9 opinions
- Ransom v. . McCleesSupreme Court of North Carolina · 1870
- Finch v. . BaskervilleSupreme Court of North Carolina · 1881
- State Ex Rel. Moseley v. JohnsonSupreme Court of North Carolina · 1907
- Heath, Morrow & Co. v. MorganSupreme Court of North Carolina · 1895
- Forsaith MacHine Co. v. Hope Mills Lumber Co.Supreme Court of North Carolina · 1891
4 more not listed; retrieve them via the Exa API.
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- Lee v. . HoffSupreme Court of North Carolina · 1942
- Teague v. Siler City Oil Co.Supreme Court of North Carolina · 1950
- Lee v. HoffSupreme Court of North Carolina · 1942
- Ezzell v. . MerrittSupreme Court of North Carolina · 1944
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