Moore v. Edmiston
Supreme Court of North Carolina
Civil actiost, (slander for words spoken by defendant of and concerning plaintiff,) tried before his Honor, Judge Mitchell, at the Fall Term, 1873, of Caldwell Superior Court.
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Civil actiost, (slander for words spoken by defendant of and concerning plaintiff,) tried before his Honor, Judge Mitchell, at the Fall Term, 1873, of Caldwell Superior Court. The plaintiff alleged, that the defendant, Edmiston, in speaking of a certain affidavit filed by the plaintiff in a-suit between him and the defendant, pending in the Superior Court of Caldwell county, at a previous term thereof, had said thatHe,” meaning the plaintiff, “had sworn to alie, and I can prove it,” &c. Defendant admitted speaking the words in substance, but notin the manner and with the motives charged.…
1Opinion of the CourtBynum, J.
The subtle science of pleading heretofore in use, is not merely relaxed, but abolished by the Code, and the forms of pleading in civil actions, and the rules by which their sufficiency is to be determined, are those prescribed in the Code. C. C. P., sec 91. The new system thus inaugurated, is such that few, if any, of the ancient rules are now applicable.
All that is required of the plaintiff, is a plain and concise statement of the facts constituting the cause of action, and of the defendant, a general or specific denial of each material allegation of the complaint, not controverted in the…
2Cited by8 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Leach v. . PageSupreme Court of North Carolina · 1937
- Gorman v. . BellamySupreme Court of North Carolina · 1880
- Fulps v. . MockSupreme Court of North Carolina · 1891
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