State Ex Rel. Sumner v. Young
Supreme Court of North Carolina
Civil action, tried before Logan, J., at Special Term of Bjjhcombe Superior Court, held in January, 1811. The relator alleged in his complaint: 1st. That he was duly elected Sheriff of Buncombe County, in April, 1868, for two years from 4th August, 1870. 2nd. That on the 5th September, 1870, the defendant usurped the said office, and has ever since unlawfully exercised and withheld the same from relator.
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Civil action, tried before Logan, J., at Special Term of Bjjhcombe Superior Court, held in January, 1811. The relator alleged in his complaint: 1st. That he was duly elected Sheriff of Buncombe County, in April, 1868, for two years from 4th August, 1870. 2nd. That on the 5th September, 1870, the defendant usurped the said office, and has ever since unlawfully exercised and withheld the same from relator. Wherefore, he demanded judgment with cost: 1st. That the defendant is not entitled to said office, and that he be ousted therefrom. 2nd. That the relator is entitled to the office and to…
1Opinion of the CourtPearson, C. J.
The object of pleading is to arrive at a •single, certain and material issue, either of law or fact, which is decisive of the case, and enables the Court to act intelligently in rendering judgment for the plaintiff or the defendant. In this instance there has been a signal failure; and the whole matter is left in utter confusion. Under these circumstances the only course is to direct “ a repleader.” All of the pleadings will be stricken out, and” the parties will begin at the summons, and take a fresh start, with the advantage of knowing that the law is settled in regard to the tenure of…
2Cited by7 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Duke v. CampbellSupreme Court of North Carolina · 1951
- Coward v. . MeyersSupreme Court of North Carolina · 1888
- Thompson v. Southern Express Co.Supreme Court of North Carolina · 1907
- Johnson v. . SedberrySupreme Court of North Carolina · 1871
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