Rayburn v. . Rayburn

Tbe able judge who beard this cause below properly overruled tbe demurrer, but was in error in rendering judgment for tbe plaintiff without allowing defendant tbe statutory period within wbicb to answer.

Tbe applicable procedural statute, G. S., 515, contains this provision : “If tbe demurrer is overruled, tbe answer shall be filed within ten days after receipt of tbe judgment, if there is no appeal, or within ten days after receipt of certificate of the Supreme Court, if there is an appeal.” Law v. Cleveland, 213 N. C., 289, 195 S. E., 809; Cody v. Hovey, 217 N. C., 407; Adams v. Cleve, ante,…