Aman v. Dover & Southbound Railroad
Supreme Court of North Carolina
Civil actioN, tried before Daniels, Jand a jury, at December Term, 1919, of Onslow. Plaintiff sued before a justice' of tbe peace for tbe value of goods shipped by tbe defendant’s line to bim at Ricblands, N. 0., from Charleston, S. C., which were lost in transit; and for tbe freight paid by him on -tbe same. He stated in bis complaint tbe total sum due, and did not separate tbe items, that is, goods and freight charges which were paid.
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Civil actioN, tried before Daniels, Jand a jury, at December Term, 1919, of Onslow. Plaintiff sued before a justice' of tbe peace for tbe value of goods shipped by tbe defendant’s line to bim at Ricblands, N. 0., from Charleston, S. C., which were lost in transit; and for tbe freight paid by him on -tbe same. He stated in bis complaint tbe total sum due, and did not separate tbe items, that is, goods and freight charges which were paid. Judgment was given against bim in tbe justice’s court, and be appealed. In tbe Superior Court be testified^ that be ordered tbe goods from C. D. Francke &…
1Opinion of the Court
Walker, J.,
after stating the case as above: The pleadings in a justice’s court are not expected to be in any particular form, or to be drawn with technical accuracy. They are required only “to be such as to enable a person of common understanding to know what is meant,” Rev., 1463; and “no process, or other proceedings, shall be quashed, or set aside, for want of form, if the essential matters are set forth therein,” and ample powers are given to amend either in the form or substance, at any time before or after judgment, in furtherance of justice. Rev., 1467. The ancient refinements of…
2Cases cited12 opinions
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Allen v. Carolina Central Railway Co.Supreme Court of North Carolina · 1897
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