George W. Swepson v. . John C. Harvey
Supreme Court of North Carolina
This was a civil action, tried before His Honor, Judge Tourgee, at Fall Term 1871 of Alamance Superior Court. The action was based upon a bond for the payment of money, and the defendants filed an answer to the effect stated in the 4tli syllabus. The plaintiff moved for judgment, as by default, treating the answer as impertinent and frivolous.
Read the full summary
This was a civil action, tried before His Honor, Judge Tourgee, at Fall Term 1871 of Alamance Superior Court. The action was based upon a bond for the payment of money, and the defendants filed an answer to the effect stated in the 4tli syllabus. The plaintiff moved for judgment, as by default, treating the answer as impertinent and frivolous. This view was sustained by His Honor, who rendered judgment accordingly, and the defendants appealed. relied on Erwin v. lowery, 64 N. C., 321.
1Opinion of the CourtRodman, J.
In this case the plaintiff moved for judgment on his complaint on the ground that the defences set up in the answer -were frivolous. What is meant by a frivolous answer is defined in Erwin v. Lowery, 64 N. C., 321.
It is there said if the defences set up in the answer are worthy of serious consideration, they are not frivolous. Clearly the defences set up'in the answer in this case are worthy ot serious consideration. It is the duty of the plaintiff to demur or reply to the several defences as he may be advised. He cannot get the opinion of a Court on the merits of the defences ■on the…
2Cases cited1 opinion
- Erwin v. . LowerySupreme Court of North Carolina · 1870
3Cited by7 opinions
- New Bern Banking & Trust Co. v. DuffySupreme Court of North Carolina · 1911
- Johnston v. . PateSupreme Court of North Carolina · 1880
- Hull, Lanier & Co. v. CarterSupreme Court of North Carolina · 1880
- Younce v. Broad Road Lumber Co.Supreme Court of North Carolina · 1908
- Farmers & Merchants Bank of Baltimore v. Board of Aldermen of City of CharlotteSupreme Court of North Carolina · 1876
2 more not listed; retrieve them via the Exa API.