Jones v. Union Guano Co.
Supreme Court of North Carolina
Appeal by plaintiff from Ray, J., at chambers in Winston, 17 May, 1920. This is one of 19 actions in Eockingham Superior Court by 19 farmers against the Union Guano Company for damages for breach of warranty in certain fertilizers, causing them losses in their crops. After the complaint was filed, the defendants filed a petition to examine said plaintiffs to secure information on which to file its answer.
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Appeal by plaintiff from Ray, J., at chambers in Winston, 17 May, 1920. This is one of 19 actions in Eockingham Superior Court by 19 farmers against the Union Guano Company for damages for breach of warranty in certain fertilizers, causing them losses in their crops. After the complaint was filed, the defendants filed a petition to examine said plaintiffs to secure information on which to file its answer. In. absence of the plaintiffs and their attorneys, the clerk signed an order directing the plaintiffs to appear for examination on 19 April, 1920, on which date the plaintiffs filed an…
1Opinion of the CourtClahk, C. J.
This proceeding for examination of the opposite party before trial was begun was under Rev., 866, now C. S., 901, 902.
This proceeding may be permitted to the plaintiffs to procure information to frame the complaint. Holt v. Finishing Co., 116 N. C., 480, or after answer is filed the plaintiff may cause the defendant to be examined to procure evidence, Helms v. Green, 105 N. C., 251; Vann v. Lawrence, 111 N. C., 32. And by parity the defendant may have the plaintiff examined to procure information to file answer, or after the answer is filed, to procure evidence for the trial. It does not lie…
2Cases cited7 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Bailey v. . MatthewsSupreme Court of North Carolina · 1911
- Vann v. . LawrenceSupreme Court of North Carolina · 1892
- Holt v. Southern Finishing & Warehouse Co.Supreme Court of North Carolina · 1895
- Fields v. . ColemanSupreme Court of North Carolina · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chesson v. Washington County BankSupreme Court of North Carolina · 1925
- Knight v. . LittleSupreme Court of North Carolina · 1940
- Ogburn v. . Sterchi Brothers Stores, Inc.Supreme Court of North Carolina · 1940
- Jones v. Union Guano Co.Supreme Court of North Carolina · 1922
- Washington v. Safe Bus, Inc.Supreme Court of North Carolina · 1941
6 more not listed; retrieve them via the Exa API.