Bridgers v. . Bridgers
Supreme Court of North Carolina
This is an appeal by the defendant from an order of Graves, J., directing a reference for an account, made at Spring Term, 1888, of the Superior Court of Edgeoombe County.
Read the full summary
This is an appeal by the defendant from an order of Graves, J., directing a reference for an account, made at Spring Term, 1888, of the Superior Court of Edgeoombe County. The defendant, in his answer, alleged a settlement between the feme plaintiff and himself, made the 17th day of March, 1885, of all the matters in controversy up to June 7th, 1884, and tendered the preliminary issue in bar of the demand for an account: “Was there a settlement on the 17th of March, 1885, of the matters in controversy.” The feme plaintiff insisted that the admission and facts appearing in the record were…
1Opinion of the Court
Davis, J.,
(after stating the case.) The general rule that a plea in bar of an account must be passed upon and determined before ordering a reference is well settled, and though the plea in bar does not cover all the matters involved in the pleadings it should be first passed upon, although an account of transactions subsequent to the settlement alleged in bar may be necessary. Quarles v. Jenkins, 98 N. C., 258; Clements v. Rogers, 95 N. C., 248, and cases cited.
We do not understand the plaintiff as controverting this rule, but she insists that the defendant has no right to have his alleged…
2Cases cited2 opinions
- Clements v. . RogersSupreme Court of North Carolina · 1886
- Quarles v. . JenkinsSupreme Court of North Carolina · 1887
3Cited by3 opinions
- Williams v. . WalkerSupreme Court of North Carolina · 1892
- Bell v. . McJonesSupreme Court of North Carolina · 1909
- Wray v. . HarrisSupreme Court of North Carolina · 1877