Willis v. Branch
Supreme Court of North Carolina
Civil ACTION, tried before Graves, Judge, and a jury, at Spring Term, 1885, of the Superior Court of Edgecombe county. The following is a copy of the material facts of the plaintiff’s complaint: “1st. That some time during the year 1882, the plaintiff and defendants entered into an agreement, whereby defendants leased to plaintiff a hall in the town of Wilson, well known as Mamona Hall, and generally used for theatrical purposes.
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Civil ACTION, tried before Graves, Judge, and a jury, at Spring Term, 1885, of the Superior Court of Edgecombe county. The following is a copy of the material facts of the plaintiff’s complaint: “1st. That some time during the year 1882, the plaintiff and defendants entered into an agreement, whereby defendants leased to plaintiff a hall in the town of Wilson, well known as Mamona Hall, and generally used for theatrical purposes. That said plaintiff agreed to fit up and furnish said hall so that it would be suitable for theatrical entertainments. “2d. That said plaintiff did equip and furnish…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). It is the office of the complaint to state in a clear, succinct, and intelligible manner, ■the plaintiff’s cause of action, and to demand judgment upon the same. The plaintiff cannot go to trial and recover upon a cause of action developed by facts stated in the answer, without alleging it himself. He must allege the cause of action in his complaint, and when the facts of the same are put in issue, prove them by competent evidence. He cannot rely upon a cause of action suggested in the pleadings by his adversary. Shelton v. Davis, 69 N. C., 324; Rand v. The Bank, 77…
2Cases cited11 opinions
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
- MacE v. . RamseySupreme Court of North Carolina · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Brewington v. LoughranSupreme Court of North Carolina · 1922
20 more not listed; retrieve them via the Exa API.