Legal Opinion

Connor v. Royal Globe Insur. Co.

Court of Appeals of North Carolina

Decided February 16, 1982No. 8127SC267PublishedCited by 6 opinions

1Opinion of the Court

BECTON, Judge.

I

The principal issue on this appeal concerns the effect of the plaintiffs’ failure to file a reply to the defendant’s counterclaim. G.S. 1A-1, Rule 8(d) provides, “Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the respon sive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.” G.S. 1A-1, Rule 7(a) provides that “[t]here shall be ... a reply to a counterclaim denominated as such. . . .”

According to…

2Cases cited12 opinions

  1. White v. MarylandSupreme Court of the United States · 1963
  2. State v. SparrowSupreme Court of North Carolina · 1970
  3. Vaughn v. JonasCalifornia Supreme Court · 1948
  4. Exum v. BoylesSupreme Court of North Carolina · 1968
  5. Morrissey v. PowellMassachusetts Supreme Judicial Court · 1939

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3Cited by6 opinions

  1. G. R. Little Agency, Inc. v. JenningsCourt of Appeals of North Carolina · 1987
  2. Beard v. PembaurCourt of Appeals of North Carolina · 1984
  3. Bolton v. CroneCourt of Appeals of North Carolina · 2004
  4. North Carolina Department of Correction v. GibsonCourt of Appeals of North Carolina · 1982
  5. Harper v. Vohra Wound Physicians of NYCourt of Appeals of North Carolina · 2020

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

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