Reed v. . Reed
Supreme Court of North Carolina
Pleadings — Admissions—Description of Land. Civil Action tried before Gudger, Judge, at November Term, 1885, of Madison Superior Court. The complaint alleged in substance, that the plaintiff became surety for the defendant for a bill of costs in which the defendant had been cast, in the sum of about two hundred and fifty dollars.
Read the full summary
Pleadings — Admissions—Description of Land. Civil Action tried before Gudger, Judge, at November Term, 1885, of Madison Superior Court. The complaint alleged in substance, that the plaintiff became surety for the defendant for a bill of costs in which the defendant had been cast, in the sum of about two hundred and fifty dollars. That in order to indemnify the plaintiff, the defendant had delivered to him his bond under seal, which had been duly registered, by which lie bound himself to make a good and sufficient deed to the plaintiff for one hundred and seven acres of land, if the plaintiff…
1Opinion of the Court
MerkbíON, J.
We are of opinion that the Court misapprehended the meaning and effect of the pleadings, and particularly, the effect of the answer.
In the latter, the defendant broadly denies all the material allegations of the complaint, thus raising issues of fact to be tried by a jury.
The second and third defences set forth, were not, nor were they intended to be, admissions of the execution of the bond alleged in the complaint, or the effect of it.
They refer to it as the “alleged bond,” and the obvious purpose was to insist, first, that if the bond was executed as alleged, then and in that…
2Cases cited5 opinions
- Harrell v. . ButlerSupreme Court of North Carolina · 1885
- Hinchey v. . Nichols .Supreme Court of North Carolina · 1875
- Heck v. . WilliamsSupreme Court of North Carolina · 1878
- Sumner v. . ShipmanSupreme Court of North Carolina · 1871
- Ten'broeck v. . OrchardSupreme Court of North Carolina · 1878
3Cited by8 opinions
- Davidson v. . GiffordSupreme Court of North Carolina · 1888
- Threadgill v. Commissioners of Anson CountySupreme Court of North Carolina · 1895
- Eames v. Armstrong.Supreme Court of North Carolina · 1906
- Johnson v. Eversole Lumber Co.Supreme Court of North Carolina · 1908
- Johnson v. SherwoodIndiana Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.