Yellowday v. . Perkinson
Supreme Court of North Carolina
Appeal by plaintiff from Coolce, J., at April Term, 1914, of Waee. This is an action for the recovery of land.. The complaint declares that the plaintiff is the owner in fee simple and entitled to the immediate possession of the lands described.
Read the full summary
Appeal by plaintiff from Coolce, J., at April Term, 1914, of Waee. This is an action for the recovery of land.. The complaint declares that the plaintiff is the owner in fee simple and entitled to the immediate possession of the lands described. The defendants deny the allegations of the complaint, and by way of further answer allege that the plaintiff had for many years repeatedly committed trespasses upon the lands of the defendants, known as the Perkinson lands; that he had frequently been indicted and convicted therefor, and served several terms upon the public roads on account thereof;…
1Opinion of the CourtAlleN, J.
The right of the plaintiff to submit to a judgment of non-suit is accurately stated, as applied to different conditions of the pleadings, in McNeill v. Lawton, 97 N. C., 20, where the Court says: “Generally, a plaintiff may abandon his action and voluntarily submit to a judgment of nonsuit, at any time after bringing his action, and before the verdict of a jury, or what is tantamount to it. Bank v. Stewart, 93 N. C., 402, and the cases there cited. He cannot do so, however, under the present method of civil procedure, if the defendant has pleaded a counterclaim — a cause of action arising out…
2Cases cited4 opinions
- Hyatt v. Dehart.Supreme Court of North Carolina · 1905
- Marshall v. Commissioners of Stanly CountySupreme Court of North Carolina · 1883
- McNeill v. . LawtonSupreme Court of North Carolina · 1887
- People's Bank v. StewartSupreme Court of North Carolina · 1885
3Cited by11 opinions
- Garrett v. RoseSupreme Court of North Carolina · 1952
- Sewing Machine Co. v. . BurgerSupreme Court of North Carolina · 1921
- Thompson v. . BuchananSupreme Court of North Carolina · 1928
- Winborne Ex Rel. Fentress v. LloydSupreme Court of North Carolina · 1936
- Singer Sewing Machine Co. v. BurgerSupreme Court of North Carolina · 1921
6 more not listed; retrieve them via the Exa API.