Moore v. . Hobbs
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1878, of Chowan Superior Court, before Kurches, J. The plaintiff complains:— 1. That the defendants are indebted to him in the sum of $488.70 at eight per cent interest per annum from the 1st day of December, 1875. 2. That no part of said debt has been paid. 3. Therefore the plaintiff demands judgment against the defendants (for said sum) and costs.
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Civil Action tried at Spring Term, 1878, of Chowan Superior Court, before Kurches, J. The plaintiff complains:— 1. That the defendants are indebted to him in the sum of $488.70 at eight per cent interest per annum from the 1st day of December, 1875. 2. That no part of said debt has been paid. 3. Therefore the plaintiff demands judgment against the defendants (for said sum) and costs. The defendants demur:— Because the facts stated in said complaint are insufficient to constitute a cause of action, in that, it does not contain a plain and concise statement of the tacts constituting the…
1Opinion of the CourtReade, J.
“ A declaration is a specification in a methodical and legal form of the circumstances which constitute the plaintiff’s cause of action.” . 1 Chitty, Pl. 240. Observe, that it.is not to state that there is a cause of action, but the “ circumstances ” which constitute the cause of action. “ The general requisites or qualities of a declaration are, * * * Second, that it contain a statement of all the facts necessary in point of law to sustain the action, and no more; third, that these circumstances be set forth with certainty and truth.” 1 Chitty, Pl. 244. Observe again, that “all the facts are…
2Cases cited1 opinion
- Moore v. . HobbsSupreme Court of North Carolina · 1877
3Cited by22 opinions
- Shives v. SampleSupreme Court of North Carolina · 1953
- Griggs v. . GriggsSupreme Court of North Carolina · 1938
- Rountree v. . BrinsonSupreme Court of North Carolina · 1887
- Lassiter v. . RoperSupreme Court of North Carolina · 1894
- Burton v. Rosemary Mfg. Co.Supreme Court of North Carolina · 1903
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