Legal Opinion

Cole v. . Boyd

Supreme Court of North Carolina

Decided December 19, 1899PublishedCited by 6 opinions

AotioN ifOR Dmbt, with attachment proceeding, beard before Coble, J., at Haywood Superior Court, Fall Term, 1899,and judgment final on tbe complaint for want of answer, to which defendants excepted and appealed. Exceptions are stated in tbe opinion.

1Opinion of the Court

This is a civil action in the nature of debt, begun by attachment. The complaint was filed in the Superior Court on the 12th day of September, 1898, during the fall term of said court. No answer nor other pleading was filed by the defendants during said term. At Spring Term, 1899, the defendant demurred to the complaint, whereupon an amended complaint was filed by order of the Court. No answer was filed at this term, nor within the time allowed (497) thereafter, and at Fall Term, 1899, the Court refused to allow the defendants to file an answer, and rendered a final judgment for the…

Also in this document: Dissent.

2Cases cited3 opinions

  1. Phifer v. Travellers Insurance Co.Supreme Court of North Carolina · 1898
  2. Alspaugh v. . WinsteadSupreme Court of North Carolina · 1878
  3. Cantwell v. Herring.Supreme Court of North Carolina · 1900

3Cited by6 opinions

  1. Martin v. Martin.Supreme Court of North Carolina · 1902
  2. McLamb v. . McPhailSupreme Court of North Carolina · 1900
  3. Cantwell v. Herring.Supreme Court of North Carolina · 1900
  4. Best v. LancasterSupreme Court of North Carolina · 1900
  5. Best v. LancasterSupreme Court of North Carolina · 1900

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