Theo. A. Kochs Co. v. Jackson
Supreme Court of North Carolina
Appeal from Cooke, J., at February Term, 1911, of Cumbee-LAND. Tbis is an action to recover possession of personal property. Tbe plaintiff is designated in the summons and complaint as the “Theo. A. Kochs Company,” and there is no allegation that the plaintiff is a corporation, and, if a partnership, the names of the partners are not given. The plaintiff alleges in his complaint the execution of certain notes by one Andrew Jackson, payable to the Theo.
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Appeal from Cooke, J., at February Term, 1911, of Cumbee-LAND. Tbis is an action to recover possession of personal property. Tbe plaintiff is designated in the summons and complaint as the “Theo. A. Kochs Company,” and there is no allegation that the plaintiff is a corporation, and, if a partnership, the names of the partners are not given. The plaintiff alleges in his complaint the execution of certain notes by one Andrew Jackson, payable to the Theo. A. Kochs Company, and the conveyance by chattel mortgage of the property described in the complaint to secure the same; that there has been a…
1Opinion of the Court
AlleN, J.,
after stating the case: The demurrer ore tenus to the complaint was properly overruled. It was an objection to the complaint upon the ground of defect of parties, or that the plaintiff did not have the legal capacity to sue, and such objections are waived, unless taken by a written answer or demurrer, under the provisions of section 478 of the Revisal.
Besides, it does not appear on the face of the complaint that there is a defect of parties, or an incapacity to maintain the action, and the defendants do not deny in their answer the execution of the chattel mortgage to secure the…
2Cases cited2 opinions
- Stanly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Post-Glover Electric Co. v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1901
3Cited by4 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Daniels v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1912
- Daniels v. . R. R.Supreme Court of North Carolina · 1912
- Godwin v. . JerniganSupreme Court of North Carolina · 1917