Wilson v. . Sykes
Supreme Court of North Carolina
Civil ActioN for damages tried at Fall Term, 1880, of Mecklenburg Superior Court, before Seymotfr, J. In his complaint the plaintiff states bis case to be as follows: That the sheriff of his county having an execution against him sold bis land, and the defendant, Sykes, became-the purchaser; and the sale being by the acre, it became necessary to have a survey in arder to ascertain the exact number of acres, which survey the sheriff-and purchaser employed the defendant,…
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Civil ActioN for damages tried at Fall Term, 1880, of Mecklenburg Superior Court, before Seymotfr, J. In his complaint the plaintiff states bis case to be as follows: That the sheriff of his county having an execution against him sold bis land, and the defendant, Sykes, became-the purchaser; and the sale being by the acre, it became necessary to have a survey in arder to ascertain the exact number of acres, which survey the sheriff-and purchaser employed the defendant, Austin, to make; that the defendants, the one being the purchaser, and the other the surveyor, conspired to defraud the…
1Opinion of the CourtRuffin, J.
This court has in several instances spoken of this summary way of disposing of cases as being irregular, and have intimated the opinion that good pleading required that such objections should be taken by demurrer,, and that the defect in the complaint, if merely formal, was waived by an answer to the merits. Still, if His Honor were of the opinion that the defect was not in the manner of stating his case but in the plaintiff’s cause of action itself, so that however it might be developed by the proofs, or aided by amendment, it could not be maintained, he did well to economize the time of his…
2Cases cited2 opinions
- Smith v. . MooreSupreme Court of North Carolina · 1878
- Walton v. . WaltonSupreme Court of North Carolina · 1879
3Cited by7 opinions
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Ricks v. . BrooksSupreme Court of North Carolina · 1920
- Baker v. GarrisSupreme Court of North Carolina · 1891
- Lockhart v. . BearSupreme Court of North Carolina · 1895
- Baker v. . GarrisSupreme Court of North Carolina · 1891
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