Duffy v. . Hartsfield
Supreme Court of North Carolina
Appeal by defendant from Qormor, J., at tbe June Term, 1920, of GRAVEN. Tbis is an action to recover rent. Tbe plaintiff alleges in ber complaint tbat prior to 1 January, 1918, tbe plaintiff rented to tbe defendant, J. L. Hartsfield, a certain farm in Craven County for tbe year 1918 for tbe sum of $250, and tbat tbe defendant went into possession of tbe land and cultivated it and disposed of tbe crops without paying tbe rent, or accounting for tbe same. . Tbe defendant,…
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Appeal by defendant from Qormor, J., at tbe June Term, 1920, of GRAVEN. Tbis is an action to recover rent. Tbe plaintiff alleges in ber complaint tbat prior to 1 January, 1918, tbe plaintiff rented to tbe defendant, J. L. Hartsfield, a certain farm in Craven County for tbe year 1918 for tbe sum of $250, and tbat tbe defendant went into possession of tbe land and cultivated it and disposed of tbe crops without paying tbe rent, or accounting for tbe same. . Tbe defendant, answering tbe complaint, admitted tbat be bad rented tbe farm from tbe plaintiff, and from bis codefendant for agricultural…
1Opinion of the CourtAlleN, J.
The refusal of a motion for judgment on the pleadings is not appealable. This is expressly decided in Cameron v. Bennett, 110 N. C., 277; Duffy v. Meadows, 131 N. C., 33; and Barbee v. Penny, 174 N. C., 572.
The reason for the rule is stated in these cases, and it is pointed out that the correct practice is to note an exception to the refusal to grant the motion, which will be considered on appeal from the final judgment.
We will, however, express an opinion on the merits of the motion, as it will doubtless prevent further litigation.
The principle is well settled that “In the absence of express…
2Cases cited10 opinions
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- Galvin v. BealsMassachusetts Supreme Judicial Court · 1905
- Phelan v. FitzpatrickMassachusetts Supreme Judicial Court · 1905
- Duffy v. Meadows.Supreme Court of North Carolina · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
- State Ex Rel. Corporation Commission v. Cannon Manufacturing Co.Supreme Court of North Carolina · 1923
- Steffan v. . MeiselmanSupreme Court of North Carolina · 1943
- Tucker v. Park Yarn Mill Co.Supreme Court of North Carolina · 1927
7 more not listed; retrieve them via the Exa API.