Turner v. Southeastern Grain & Livestock Co.
Supreme Court of North Carolina
Appeal by botb parties from Connor, Jat tbe February Term, 1920, of CRAVEN. Tbis is an action to recover land. Tbe plaintiffs filed tbeir complaint alleging tbe ownership of tbe land and tbe defendants filed answer denying tbe material allegations of tbe complaint, and pleading as a counterclaim tbe following: “24. Tbat tbey were at tbe time of bringing tbis action, and are now, tbe owners in fee simple and in possession of tbe land claimed by tbe plaintiffs, and tbey plead…
Read the full summary
Appeal by botb parties from Connor, Jat tbe February Term, 1920, of CRAVEN. Tbis is an action to recover land. Tbe plaintiffs filed tbeir complaint alleging tbe ownership of tbe land and tbe defendants filed answer denying tbe material allegations of tbe complaint, and pleading as a counterclaim tbe following: “24. Tbat tbey were at tbe time of bringing tbis action, and are now, tbe owners in fee simple and in possession of tbe land claimed by tbe plaintiffs, and tbey plead said ownership as a counterclaim; wherefore, defendants demand judgment tbat tbey go without day as to plaintiffs’…
1Opinion of the CourtAllen, J.
The plaintiffs do not note any exception in the record to the refusal of his Honor to strike out the admission solemnly made, and the only question therefore presented by their appeal is whether the admission, which it is not alleged was inadvertently made, or by mistake, or that it is not according to the truth, is sufficient to sustain the judgment.
It has been long recognized with us that admissions made by counsel during the progress of a cause, and to facilitate the trial, are binding upon the parties, and if this were not so, much time would be consumed in proving facts about which there…
2Cases cited2 opinions
- Fleming v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1894
- Yellowday v. . PerkinsonSupreme Court of North Carolina · 1914
3Cited by8 opinions
- State v. . LuedersSupreme Court of North Carolina · 1938
- Finger v. . SmithSupreme Court of North Carolina · 1926
- State v. HarrisSupreme Court of North Carolina · 1921
- State v. . HarrisSupreme Court of North Carolina · 1921
- Lumbee River Conference of the Holiness Methodist Church v. LocklearSupreme Court of North Carolina · 1957
3 more not listed; retrieve them via the Exa API.