Benton v. . Collins
Supreme Court of North Carolina
Civil action, beard on complaint and demurrer before Robinson, J., at January Term, 1896, of Franklin Superior Court. The complaint was as follows : “The plaintiff, complaining of the defendants herein, alleges: “ 1st. That on the 25th day of November, 1893, at and in the county of Nash, said State, the defendant, R. T. Collins, did forcibly, negligently, wilfully and maliciously shoot, beat, wound and ill-treat the plaintiff, W. A. Benton, to his damage fifteen hundred…
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Civil action, beard on complaint and demurrer before Robinson, J., at January Term, 1896, of Franklin Superior Court. The complaint was as follows : “The plaintiff, complaining of the defendants herein, alleges: “ 1st. That on the 25th day of November, 1893, at and in the county of Nash, said State, the defendant, R. T. Collins, did forcibly, negligently, wilfully and maliciously shoot, beat, wound and ill-treat the plaintiff, W. A. Benton, to his damage fifteen hundred dollars. “ 2nd. That on the 26th day of September, 1894, the said Collins and wife, for the purpose of defrauding his…
1Opinion of the Court
Montgomery, J.:
Subdivision I. of Section 261 of The Code¡ which provides for the joinder of several causes of action where they all arise out of “ the same transaction, or transactions connected with the same subjects of action ” in the same complaint, has with us given rise to very many difficulties in its practical application, as it has in all the States which have adopted a similar provision in their Codes of procedure. Ashe, J., in Young v. Young, 81 N. C., 91, said for the Court: “ While it was the object of the Legislature by adopting Section 126 of the Code of Civil Procedure (Code,…
2Cases cited6 opinions
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Young v. YoungSupreme Court of North Carolina · 1879
- Logan v. . WallisSupreme Court of North Carolina · 1877
- Hodges v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Doughty v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Virginia-Carolina Chemical Co. v. FloydSupreme Court of North Carolina · 1912
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Barkley v. McClung Realty Co.Supreme Court of North Carolina · 1937
23 more not listed; retrieve them via the Exa API.