Garrard v. . Dollar
Supreme Court of North Carolina
This was an ENquiby of damages upon a judgment by default, tried before PeesoN, J., at the Eall Term, 1856, of Orange Superior Court.
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This was an ENquiby of damages upon a judgment by default, tried before PeesoN, J., at the Eall Term, 1856, of Orange Superior Court. The plaintiff offered in evidence a writing, under the hand and seal of the defendant, as follows, viz: “ This certifies that John "W. Garrard and William G. Dollar, of the County and State above named, have made the following contract and agreement, to wit: That the said Dollar has purchased of the said Garrard, a certain parcel or tract of land, known as Peter’s Cross-roads, at ten dollars per acre, and the line as follows, (describing the same by metes and…
1Opinion of the CourtBattle, J.
We are clearly of opinion that the judgment by default precluded the defendant from using, for the purpose of redricing the damages, testimony which would have defeated the action, had a plea in bar been put in. A default admits all the material averments properly set forth in the declaration, and, of course, everything essential to establish the right of the plaintiff to recover. Any testimony, therefore, tending to prove that no right of action existed, or denying the cause of action, is irrelevant and inadmissible. 2 Sellon’s Practice, 25 ; DeGaillon v. L'Aigle, 1 Bos. and Pul. Rep. 368 ;…
2Cases cited2 opinions
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3Cited by8 opinions
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- Potts v. HowserSupreme Court of North Carolina · 1968
- Blow v. . JoynerSupreme Court of North Carolina · 1911
- Dehoff v. . BlackSupreme Court of North Carolina · 1934
- Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896
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