Legal Opinion

Alford v. . McCormac

Supreme Court of North Carolina

Decided February 5, 1884PublishedCited by 22 opinions

Civil Action tried at January Term, 1884, of Robeson Superior Court, before MacRae, J. The defendant excepted to the ruling of the court below and appealed from the judgment rendered.

1Opinion of the CourtMekrihon, J.

This action is founded upon a promissory note properly pleaded. The plaintiff made the usual affidavit of verification of the complaint, except that she failed to subscribe her name to it. She did, however, subscribe the complaint.

The defendant filed his answer without verification. Thereupon, at the appearance term the plaintiff moved for judgment as in case no answer ' had been filed. The court allowed this motion, and gave judgment in favor of the plaintiff for the amount of her debt and costs. The defendant excepted, upon the ground that as the plaintiff' failed to subscribe her name to…

2Cases cited6 opinions

  1. Shelton v. BerryTexas Supreme Court · 1857
  2. Wynne v. . PrairieSupreme Court of North Carolina · 1882
  3. Millius v. ShaferNew York Supreme Court · 1846
  4. Alspaugh v. . WinsteadSupreme Court of North Carolina · 1878
  5. Watts v. WomackSupreme Court of Alabama · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. In re T.R.P.Supreme Court of North Carolina · 2006
  2. Matter of GreenCourt of Appeals of North Carolina · 1984
  3. Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
  4. State v. HigginsSupreme Court of North Carolina · 1966
  5. Reynolds v. FitzpatrickMontana Supreme Court · 1899

17 more not listed; retrieve them via the Exa API.

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