Legal Opinion
Morton v. BLUE RIDGE INSURANCE COMPANY
Supreme Court of North Carolina
Decided September 27, 1961No. 96PublishedCited by 4 opinions
1Opinion of the CourtBobbitt, J.
Defendant’s assignment of error, directed to the court’s denial of his motion for an order requiring the plaintiff to make the allegations of his complaint more definite and certain, is without merit. Such an order, under G.S. 1-153, is to enable the movant to prepare his defense. Such a motion may not be made after judgment.
Defendant’s motion captioned, “MOTION IN ARREST OF JUDGMENT,” is in fact a motion to vacate the judgment by default and inquiry on the ground the complaint fails to allege facts sufficient to constitute a cause of action and therefore will not support such judgment.
In…
2Cases cited24 opinions
- Providence Washington Insurance v. ProffittTexas Supreme Court · 1951
- Aetna Casualty & Surety Co. v. CartmelSupreme Court of Florida · 1924
- Harris v. American Casualty Co. of ReadingSupreme Court of New Jersey · 1912
- Beard v. Sovereign Lodge of Woodmen of the WorldSupreme Court of North Carolina · 1922
- Unkelsbee v. Homestead Fire Insurance Co. of BaltimoreDistrict of Columbia Court of Appeals · 1945
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3Cited by4 opinions
- Potts v. HowserSupreme Court of North Carolina · 1966
- Cohee v. SlighSupreme Court of North Carolina · 1963
- Tuten v. FIRST OF GEORGIA INSURANCE CO.Court of Appeals of Georgia · 1968
- Allison v. Iowa Mutual InsuranceCourt of Appeals of North Carolina · 1979