Barfield v. . Turner
Supreme Court of North Carolina
This is a civil ACTION, tried before Boylcin, J., at Fall Term, 1886, of MONTGOMERY Superior Court. The following is a copy of the material portion of the complaint: “ 1. That on or about the 13th of February, 1885, the defendant W. F. Hudson assaulted and arrested the plaintiff under color of process sued out by the defendant W. W. Hailey, before the defendant D. C. Baldwin, and brought the plaintiff before the defendants, Baldwin and Turner, justices of the peace. 2. That…
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This is a civil ACTION, tried before Boylcin, J., at Fall Term, 1886, of MONTGOMERY Superior Court. The following is a copy of the material portion of the complaint: “ 1. That on or about the 13th of February, 1885, the defendant W. F. Hudson assaulted and arrested the plaintiff under color of process sued out by the defendant W. W. Hailey, before the defendant D. C. Baldwin, and brought the plaintiff before the defendants, Baldwin and Turner, justices of the peace. 2. That defendants Turner, Hudson, Baldwin and Hailey, on or about the time aforesaid, illegally, wrongfully, and without legal…
1Opinion of the CourtMerrimon, J.
The cases of Garrett v. Trotter, 65 N. C., 430; Johnson v. Finch, 93 N. C., 205, and Halstead v. Mullen, Id, 252, and like cases, relied upon by the plaintiff, have no proper application here. He does not allege a good cause of action, imperfectly or defectively — he fails to allege a cause of action at all — “ the complaint does not state facts sufficient to constitute a cause of action.”
The Court mu'st be able to see a sufficient cause of action alleged in the complaint; it may be imperfectly, and, therefore, demurrable — to be demurred to — or admitted in the answer, or denied therein and…
2Cases cited2 opinions
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- Johnson v. . FinchSupreme Court of North Carolina · 1885
3Cited by4 opinions
- Burlingame v. TraegerCalifornia Court of Appeal · 1929
- Ely v. . DavisSupreme Court of North Carolina · 1892
- Pankewicz v. JessCalifornia Court of Appeal · 1915
- Burge v. ScarbroughSupreme Court of Alabama · 1924